
Gass. 
Book_ 



RELATING TO THE 

COMMON SCHOOLS 

. OF KANSAS, 

INCLUDING OFFICIAL OPINIONS AND SUG- 
GESTIONS TO SCHOOL OFFICERS. 



COMPILED UNDER DIRECTION OF 

E. T. FAIRCHILD, 
State Superintendent of Public Instruction. 



1909. 



STATE PRINTING OFFICE, 
TOPEKA, 1909. 



MALICIOUS DESTRUCTION OF PROPERTY. 



[2498.] Any person who shall wilfully and maliciously 
destroy, deface, remove or iiijure the property of another, 
public or private, shall, on conviction, be deemed guilty of a 
misdemeanor, and punished by a fine not less than $5 nor 
more than $500, or by imprisonment in the county jail not to 
exceed six months, or by both such fine and imprisonment. 
(Laws 1886, ch. 104, sec. 1.) 

(ii) 



D. OF 0. 

DEC S 1909 






To County and City Superintendents and School Officers: 

I furnish you herewith a copy of the school laws of Kansas 
revised to date. 

The ofiBcial opinions and suggestions, I trust, will be help- 
ful to you in the discharge of your oflQcial duties. 

E. T. FAIRCHILD, 

State Superintendent of Public Instruction. 
August 1, 1909. 

(iii) 



TABLE OF CONTENTS. 



PAGE. 

Malicious Destruction of Property ii 

Educational Provisions of the Organic Act v 

Educational Provisions of the State Constitution v 

Educational Provisions of the Act of Admission vii 

Chapter I Bonds 1 

Chapter II Business Colleges 10 

Chapter III Certificates 18 

Chapter IV Compulsory Education 35 

Chapter V Child-labor Law 41 

Chapter VI County Superintendent 43 

Chapter VII ........ County High Schools 60 

Chapter VIII County School Fund 72 

Chapter IX District Schools 74 

Chapter X District Officers 77 

Chapter XI Fines and Penalties 90 

Chapter XII Fire Protection 92 

Chapter XIII Industrial Education 94 

Chapter XIV Juvenile Court 96 

Chapter XV Kindergartens 108 

Chapter XVI Kansas State Traveling Library and Aplington 

Art Gallery 109 

Chapter XVII Levies Ill 

Chapter XVIII Libraries, School District 114 

Chapter XIX ^Normal Institutes 115 

Chapter XX .^Normal Training 118 

Chapter XXI Patriotic Instruction 120 

Chapter XXII Public Schools in Cities of the First, Second and 

Third Class 121 

Chapter XXIII Public Schools in Cities of the First Class 125 

Chapter XXIV Public Schools of Cities of the Second Class 138 

Chapter XXV Public Schools in Cities of the Third Class 150 

Chapter XXVI Industrial-school Pupils 151 

Chapter XXVII .... State Superintendent 152 

Chapter XXVIII . . . School Districts 156 

Chapter XXIX School-fund Commissioners 167 

Chapter XXX State Annual School Fund 176 

Chapter XXXI School Lands 178 

Chapter XXXII .... School Text-books, Uniformity 196 

Chapter XXXIII . . . Tobacco and Cigarettes 208 

Chapter XXXIV. . . . Warrants and Bonds Lost and Destroyed 209 

Chapter XXXV Warrants, Registration of 211 

Chapter XXXVI. . . . Water-closets 214 

General Index 215 

(iv) 



EDUCATIONAL PROVISIONS OF THE ORGANIC ACT. 



[69. J ^ Section 34. And he it further enacted, That when 
the lands in the said territory shall be surveyed under the 
direction of the government of the United States, preparatory 
to bringing the same into market, sections numbered 16 and 
36 in each township in said territory shall be and the same 
are hereby reserved for the purpose of being applied to schools 
in said territory and in the states and territories hereafter to 
be erected out of the same. 

Approved May 30, 1854. 



EDUCATIONAL PROVISIONS OF THE STATE 
CONSTITUTION. 



ARTICLE II. 

[141. j Section 23. The legislature, in providing for the 
formation and regulation of schools, shall make no distinc- 
tion between the rights of males and females. 

ARTICLE VI. 

[177.] Section 1. The state superintendent of public in- 
struction shall have the general supervision of the common- 
school funds and educational interests of the state, and perform 
such other duties as may be prescribed by law. A superin- 
tendent of public instruction shall be elected in each county, 
whose term of office shall be two years, and whose duty and 
compensation shall be prescribed by law. 

[178.] Sec. 2. The legislature shall encourage the pro- 
motion of intellectual, moral, scientific and agricultural im- 
provement, by establishing a uniform system of common 
schools and schools of higher grade, embracing normal, pre- 
paratory, collegiate and university departments. 

[179.] Sec. 8. The proceeds of all lands that have been 
or may be granted by the United States to the state for the 
support of schools, and the 500,000 acres of land^ granted to 

1. See note at top of page 9. 

2. This money was never in the school fund. 

(V) 



vi CONSTITUTIONAL PROVISIONS. 

the new states under an act of Congress distributing the pro- 
ceeds of public lands among the several states of the Union, 
approved September 4, a. d. 1841, and all estates of persons 
dying without heir or will, and such per cent, as may be 
granted by Congress on the sale of lands in this state, shall 
be the common property of the state, and shall be a perpetual 
school fund, which shall not be diminished, but the interest 
of which, together with all the rents of the lands, and such 
other means as the legislature may provide by tax or other- 
wise, shall be inviolably appropriated to the support of com- 
mon schools. 

[180.] Sec. 4. The income of the state school funds shall 
be disbursed annually, by order of the state superintendent, 
to the several county treasurers, and thence to the treasurers 
of the several school districts, in equitable proportion to the 
number of children and youth resident therein, beween the 
ages of five and twenty-one years : Provided, That no school 
district in which a common school has not been maintained 
at least three months in each year shall be entitled to receive 
any portion of such funds. 

[181.] Sec. 5. The school-lands shall not be sold unless 
such sale shall be authorized by a vote of the people at a 
general election ; but, subject to revaluation every five years, 
they may be leased for any number of years not exceeding 
twenty-five, at a rate established by law. 

[182 ] Sec. 6. All money which shall be paid by persons 
as an equivalent for exemption from military duty ; the clear 
proceeds of estrays., ownership of which shall invest in the 
taker-up, and the proceeds of fines for any breach of the 
penal laws, shall be exclusively applied in the several coun- 
ties in which the money is paid or fines collected, to the sup- 
port of common schools. 

[183.] Sec. 7. Provisions shall be made by law for the 
establishment, at some eligible and central point, of a State 
University, for the promotion of literature and the arts and 
sciences, including a normal and agricultural department. 
All funds arising from the sale of lands granted by the 
United States to the state for the support of a State University ^ 
and all other grants, donations, or bequests, either by the 
state or by individuals, for such purpose, shall remain a per- 
petual fund, to be called the "University fund," the interest 
of which shall be appropriated to the support of the State 
University, 

[184.] Sec. 8. No religious sect or sects shall ever con- 



CONSTITUTIONAL PROVISIONS. vii 

trol any part of the common- school or University funds of 
the state. 

[185. J Sec, 9. The state superintendent of public instruc- 
tion, secretary of state and attorney-general shall constitute a 
board of commissioners for the management and investment 
of the school funds. Any two of said commissioners shall be 
a quorum. 

(Constitution ratified by the people October 4, 1859.) 



EDUCATIONAL PROVISIONS OF THE ACT OF 
ADMISSION. 



[264.] Section 3. . . . First: That sections num- 
bered 16 and 36, in every township of public lands in said 
state, and where either of said sections or any part thereof 
has been sold or otherwise been disposed of, other lands, 
•equivalent thereto and as contiguous as may be, shall be 
granted to said state for the use of schools. 

Second: That seventy-two sections of land shall be set apart 
and reserved for the use and support of a State University, 
to be selected by the governor of said state, subject to the 
approval of the commissioner of the general land-office, and 
to be appropriated and applied in such manner as the legis- 
lature of said state may prescribe for the purpose aforesaid, 
but for no other purpose. 

Approved January 29, 1861. 



LAWS RELATING TO THE COMMON SCHOOLS 
OF KANSAS. 



Note.— The figures enclosed in brackets, thus [6331]. refer to the para- 
graph numbers in the General Statutes of 1901: the section numbers, be- 
ginning on this page, are in consecutive order, as a simple reference to the 
School Laws of 1909. For example: If it is desired to quote a section of 
the law. reference should be stated thus: "Section — , School Laws of 
1909: paragraph -, General Statutes of 1901." 

Official opinions will be found in the notes at the bottom of the pages. 

CHAPTER I.— Bonds. 

ARTICLE I.— School- DISTRICT Bonds. 



S 1. Purposes for which district bonds may be 
issued, and restrictions concerning the 
same. 
i. Bond elections; notices of, and how con- 
ducted. 

3. Denominations, rates of interest, and dis- 

posal of bonds. 

4, Bonds must be registered. 

!>. Sinking-fund, how provided and invested. 



§ 8, 9. Bonds belonging to the state permanent 
school fund may be paid or refunded be- 
fore maturity. 

10. Payment of bonds belonging to the state 

permanent school fund to be made to 
the state treasurer. 

11. State treasurer to inform county and city 

treasurer of bonds belonging to state 
permanent school fund. 



t). Penalty for issuing bonds without author- j 12. Remittance of funds to state treasurer. 

ity. and for misappropriation of the pro- j 13. Bonds to be canceled by state treasurer. 

ceeds. 14. Penalty for city and county treasurers re- 

T. Pinaldispositionofpaid bonds and coupons, i fusing to act. 

Section' 1. School-district Bonds. [Laws 1909, oh. 62, sec. 
4.] That for the purpose of erecting or purchasing one or 
more schoolhouses in and for any school district in the state 
of Kansas, the board of directors of the same shall have 
power to issue the bonds of the district in an amount not to 
exceed one and one-half per cent, of its taxable property, as 
shown in the last assessment thereof ;^ proviaed, that this 
limitation shall not apply to bonds heretofore legally voted. 
And for the purpose of extending the time of payment of the 
bonded indebtedness of any school district, the board of di- 
rectors of the same shall have power to issue the bonds of 
the district in a sum not to exceed in amount its outstanding 
bonded indebtedness: Provided, That no such bonds shall be 
issued until at an election* called for that purpose the ques- 
tion shall have been submitted to the qualified electors of the 
district, and a majority of all the qualified electors voting on 

3. Bonds issued to pay an indebtedness already contracted are illegal. 
School-district bonds cannot be issued except for the purpose of erecting or 
purchasing one or more schoolhouses. An addition to a schoolhouse is included 
in the term "erecting or purchasing one or more schoolhouses," and bonds 
may be voted legally for this purpose. 

4, The Australian ballot law does not apply to school-bond elections. 

(1) 
-1 



2 BONDS — SCHOOL DISTRICT. [CH. 1 

the proposition shall have declared by their ballots in favor 
of issuing of the same: And provided further, That no such 
election shall be ordered unless a petition, stating the purpose 
for which the bonds are to be issued, and signed by at least 
one-third of the qualified electors of said district, shall have 
been presented to the district board praying that a vote be 
taken for the issuing of such amount of bonds as may be 
asked for therein ; And provided further, That it shall be un- 
lawful for any school district to create any bonded indebted- 
ness unless there are at least fifteen persons between the ages 
of five and twenty-one years actually residing within the 
limits thereof, as shown by a sworn census return, taken by 
the direction of the board of directors of such school district.'' 
Sec. 2. Election. [6332.] Whenever such a petition, so 
signed, shall be presented to the board of directors of any 
school district, praying that a vote be taken on the question 
of issuing the bonds of the said district, it shall be the duty 
of the district board immediately to order an election for the 
purpose of determining the question of the issuing of bonds 
as prayed for, and forthwith to give notice, by posting writ- 
ten or printed notices, signed by the clerk, in five of the most 
public places in the district, which notices shall be posted up 
at least ten days® before such election, and shall state therein 
the object for which the election was called and the manner 
in which the question shall be voted upon.' The said elec- 
tion shall be conducted in all respects as are general elections 
under the laws of the state, except that females of the age of 
twenty-one years shall be entitled to vote at all such elections, 
subject only to'the exceptions applied to males ; and the re- 

5. Build Schoolhouse. School districts having less than fifteen children 
of school age within their limits are, by the terms of the law providing for 
the issuance of school-district bonds, prohibited and debarred from raising 
funds for the building or purchase of schoolhouses by the issuance of school- 
district bonds. Such school districts can provide funds for the building of 
schoolhouses by issuing school-district warrants, to the extent and within the 
limitation of section 6127, General Statutes of 1901 (section 442 of this book), 
but not otherwise. It is within the power of school districts, under said sec- 
tion, to vote a tax annually, not exceeding two and one-half per cent, on 
the taxable property in the district, for school purposes, and to distribute 
such portion of the amount of such tax as the school meeting shall deem 
proper for the purpose of building, hiring or purchasing a schoolhouse for 
the district. Beyond this the district cannot go. School warrants for build- 
ing schoolhouses cannot be issued in excess of the amount authorized by 
law, upon the expectation that in subsequent years the school district will 
provide funds for the payment of the same by taxation. 

6. Ten days should intervene between the date of posting the election 
notices and the day of the election, without counting either of the two dates, 

7. The utmost care should be had in complying with the law in every de- 
tail; otherwise the bonds may be invalid or their sale affected by their un- 
favorable history. 



CH. 1] BONDS — SCHOOL DISTRICT 3 

turns of the election shall be the same, except that they shall 
be made to the district board. (Laws 1879, ch. 49, sec. 2.) 

Sec. 3. Issuance. [6333.] The bonds herein provided for 
shall be issued in denominations of not less than $100 nor 
more than $500 each ; ^ they shall bear interest at a rate not 
to exceed six per cent, per annum, payable semiannually 
on the 1st days of January and July of each year, at such 
place as shall be designated in the bonds, the principal of the 
bonds being made payable within fifteen years from their 
date. These bonds shall specify on their face the date of 
issue, amount, for what purpose and to whom issued, the 
time they run, the rate and times of payment of interest, and 
shall have coupons attached for the interest as it becomes 
due, said coupons being so arranged that the last one shall fall 
due at the time of the maturity of the bond. Said bonds and 
the coupons thereto attached shall be signed by the director 
and countersigned by the clerk, and after registration by the 
county clerk shall be negotiable and transferable by delivery, 
and may be disposed of by the district board at not less than 
ninety-five cents on the dollar, and the proceeds of the same 
applied as provided for in the petition at which issuance of 
the bonds was authorized. (Laws 1879, ch. 49, sec. 3.) 

Sec. 4. Registration. [6334.] Before delivering any 
school-district bonds, the board of directors of the district 
issuing the same shall cause them to be registered with the 
clerk of the county in which the said district is located. 
And it shall be the duty of the county clerk, on presentation 
of any school bonds for registry, to register the same in a 
book prepared for that purpose, which register shall contain 
(1) the number of the district ; (2) the number of the bond ; 
(3) date of bond; (4) to whom payable; (5) when [where] 
payable ; (6) when due ; (7) when interest is due ; (8) 
amount of bond. The county clerk shall furnish one copy of 
his register to the county treasurer, and forward one copy to 
the state superintendent, together with a statement showing, 
(1) the number of sections of land in the district issuing 
such bonds ; (2) the number of acres of land assessed and 
subject to taxation in said district ; (3) the assessed valua- 
tion of taxable lands ; (4) the assessed valuation of all per- 
sonal property in such district; which statement shall be 
signed by each member of the school board issuing the bonds, 
and the county clerk shall certify under the official seal of 
his oflBce to the correctness of the statement and the genuine- 

8. Bonds should be issued in denominations of $100, $200, and $500, to 
conform to the printed bonds furnished by the School-fund Commissioners 
to districts. 



4 BONDS — SCHOOL DISTRICT. [CH. 1 

ness of the signatures attached thereto. (Laws 1879, ch. 49, 
sec. 4. ) 

Skc. 5. Interest and Sinking-fund. [6335.] It shall be 
the duty of the board of county commissioners of each county 
to levy, annually, upon all the taxable property in each dis- 
trict in such county, a tax sufficient to pay the interest 
accruing upon any bonds issued by such district, and to pro- 
vide a sinking-fund for the final redemption of the bonds, 
such levy to be made with the annual levy of the county 
and the taxes collected with the other taxes, and when col- 
lected shall bo and remain in the hands of the county 
treasurer, a specific fund for the payment of the interest upon 
such bonds, and for their final payment at maturity :' Pro- 
vided, That moneys in the hands of the county treasurer 
belonging to the sinking-funds of the several school districts 
in such county shall be invested by the county treasurer, (1) 
in the bonds of the district to which said sinking-fund be- 
longs, provided such bonds can be purchased at a price not 
exceeding their market or par value ; (2) in the bonds of 
other school districts of this state maturing before the bonds 
for which such fund is raised, provided the same can be pur- 
chased at a price not exceeding their market or par value; 
(8) in the bonds of the state of Kansas, or of the United 
States. (Laws 1879, ch. 49, sec. 5.] 

""Skc. 6. Penalty for Issuing Illegally. [6336] If any school- 
district officer, whose duty it is under the provisions of this 
act to issue or assist in any manner in the issuance of the 
bonds of any school district, shall prepare, sign or deliver, or 
aid, counsel ornssist in preparing, signing or delivering, or 
shall cause to be prepared, signed, or delivered, any bond or 
bonds of any school district, at any time before such bond or 
bonds are authorized by this act to be prepared, signed or de- 
livered, such officer shall be guilty of a felony, and upon con- 
viction shall be fined in a sum of not less than $500 nor more 
than $5000, or by imprisonment in the Penitentiary for not 
less than one year and not longer than five years, or by both 
such fine and imprisonment. And if the board of directors 
of any school district, or any member thereof, shall use or 
dispose of any school-district bonds, or the money accruing 
from the sale of such bonds, in any other manner or for any 
other purpose than that for which the same was created or 
intended, he or they shall be liable to be punished by fine in 
any sum not less than $1000, by information or indictment 
in any court of competent jurisdiction, or by imprisonment 

9, Sinking fund cannot legally be used in payment of any other obliga- 
tion than that for which it was levied. 



CH. 1] BONDS — SCHOOL DISTRICT. 5 

in the county jail not more than six months, or by both such 
fine and imprisonment. (Laws 1879, ch. 49, sec. 6.) 

Sec. 7. Finnl Disposition. [6337.] On the payment of the 
bonds or coupons of any school district, the county treasurer 
shall immediately cancel the same, and indorse thereon the 
date of payment ; and at the time of his settlements with the 
several school-district treasurers of his county he shall de- 
liver to each the canceled bonds and coupons of his district, 
and take a receipt therefor, and such canceled bonds and 
coupons shall be destroyed by the district treasurer in the 
presence of all the officers of the district, a complete record 
of their destruction being made by the district clerk. On 
the last Saturday of July of each year, each and every county 
treasurer shall make to the clerk of his county a detailed re- 
port of all the bonds and coupons canceled during the year, 
and the date of payment of the same, accompanied by the 
receipts given by district treasurers therefor; and the county 
clerk shall immediately thereafter cancel the registry of all 
such bonds and coupons by endorsing thereon the date of 
payment of each. (Laws 1879, ch, 49, sec. 7.) 

Note. —All school bonds must first be offered to the School-fund Com- 
mission, and the commission has the option to purchase same at not more than 
par. See section 473 of this book. 

Sec. 8. Payment before Maturity. [Laws 1905, ch. 382, 
sec. 1.] If at any time any board of education, school dis- 
trict, township, county or city of any class shall have accu- 
mulated in the treasury sinking-fund sufficient to pay in full 
any bond or bonds issued by such board of education, school 
district, township, county or city of any class before the ma- 
turity, the state permanent school fund. State Normal School 
fund, or the University permanent school fund, or Agricul- 
tural College endowment fund being the holders thereof, 
such board of education, school district, township, county or 
city of any class may pay the same to the state treasurer at 
the time any interest coupon is due, and take up such bond 
or bonds, and the state treasurer is hereby authorized to re- 
ceive the same and cancel such bond or bonds and the un- 
matured coupons attached thereto, and deliver the same so 
canceled to the officer paying the amount : Provided, That 
the state treasurer, before delivering said bond or bonds, 
shall present the same to the auditor of the state, together 
with a statement showing the amount of coupons upon which 
no moneys have been received, and upon examining such 
statement, and comparing with the coupons attached to such 
bond or bonds, the auditor shall credit the treasurer with 
the amounts shown to be canceled before maturity. 



6 BONDS — SCHOOL DISTRICT. [Ch. 1 

Sec. 9. Payment before Maturity — Additional Provisions. 
[Laws 1905, ch. 72, sec. 1.] Whenever any county, city, 
township or school district in this state shall owe any out- 
standing and unmatured bonds, and at the same time shall 
have in its treasury any sinking-funds raised to pay such 
bonds, the proper officers of such county, city, township or 
school district may use such funds to purchase or pay any of 
such bonds and cancel the same, whenever they can be so 
purchased or paid at or below par, or at such reasonable 
price above par as may be requested by a majority of the 
resident taxpayers of such county, city, township, or school 
district, and which request may be made by a written peti- 
tion to that efifect, directed to such officers. 

Sec. 10. Payable at State Treasury. [6387.] From and 
after the passage of this act, the interest and principal of all 
bonds now belonging or which may hereafter belong to the 
permanent school fund or sinking-fund of the state of Kan- 
sas, which have been or may hereafter be issued under and 
pursuant to the laws of said state, shall be payable at the 
office of the state treasurer. (Laws 1877, ch. 174, sec. 1.) 

Sec. 11. State Treasurer. [6388.] At least thirty days be- 
fore the maturity of any bonds or coupons belonging to the 
permanent school fund or sinking-fund, it shall be the duty 
of the state treasurer to furnish a detailed statement to each 
county or city treasurer, or the treasurer of any board of 
education, of the amount due from them respectively, de- 
scribing in such statement the number of the district or the 
name of the city, the amount of interest due, and the amount 
of principal due, if any. (Laws 1877, ch. 174, sec. 2.) 

Sec. 12. County and City Treasurers. [6389.] It shall be 
the duty of each county and city treasurer, and the treasurers 
of boards of education, to remit to the state treasurer, at least 
ten days before the maturity of any bonds or coupons, all 
moneys collected by them for the redemption of such bonds 
and coupons, and all express charges and postage shall be a 
proper charge against such city or school district and shall 
be allowed to such treasurer on settlement. (Laws 1877, ch. 
174, sec. 3.) 

Sec. 13. Cancelation. [6390.] On receipt of any funds by 
the state treasurer, he shall immediately cancel all coupons 
or bonds for which funds are remitted, and return such cou- 
pons or bonds to the office of the treasurer remitting the same. 
(Laws 1877, ch. 174, sec. 4.) 

Sec. 14. Penalty. [6391.] Any county or city treasurer, 
or treasurer of any board of education, who shall neglect or 



Ch. 1] 



BONDS — REFUNDING. 



refuse to perform the duties required of him by this act, shall 
be liable to the state in a sum equal to double the amount 
of such bonds or coupons remaining unpaid by reason of such 
neglect or refusal, which may be recovered in a suit at law 
against such treasurer and his bondsmen ; and it is hereby 
made the duty of the county attorney of the proper county, 
upon the request of the attorney-general, to prosecute all 
such suits. (Laws 1877, ch. 174, sec. 5.) 



ARTICLE 11. -Refunding Bonds. 



§25, 



Penalty for wrongful use of money. 

26. Coupons when due shall be receivable for 

taxes by corporation issuing. 

27. Merged districts may refund bonds. 

28. Form of bonds. 

29. Commissioners to levy. 

30. Suits against merged districts. 

31. May take up merged-district bonds. 

32. Law governing such indebtedness. 

33. Payment and refunding of bonds; disor- 

ganized districts. 



§15. Bonded indebtedness may be refunded. 

16. Bonds shall be signed by whom. 

17. Bonds issued, how and when. 

18. Bonds issued for payment of outstanding 

warrants. 

19. Bonds shall be registered. 

20. indebtedness shall not be increased, 

when. 

21. Annual levy for interest and sinking- 

fund. 

22. County treasurer may make levy, when. 

23. Sinking-fund, when and hoW created. 

24. Courons shall be promptly paid and de- 

stroyed. 

Section 15. Bonded Indebtedness May be Refunded. [517. J 
Every county, every city of the first, second or third class, 
the board of education of any city, every township and every 
school district is hereby authorized and empowered to com- 
promise and refund its bonded indebtedness, including cou- 
pons and judgments thereon, upon such terms as can be 
agreed upon, and to issue new bonds with semiannual inter- 
est coupons attached in payment for any sums so compro- 
mised, which bonds shall be sold at not less than par, shall 
not be for a longer period than thirty years, shall not exceed 
in amount the actual amount of outstanding indebtedness, 
inclusive of attached coupons, and shall not draw a greater 
interest than six per cent, per annum. No indebtedness of 
any kind shall be funded or refunded under the provisions 
of this act except bonded indebtedness actually existing at 
the time of the passage of this act or hereafter legally created ; 
and nothing herein contained shall be construed to validate 
or invalidate any existing bonded indebtedness. (Laws 
1901, ch. 288, sec. 1.) 

Note.— Maturing interest coupons may be included, but unearned inter- 
est coupons should not be included. See Kelly v. Cole, 63 Kan. 386. 

Sec. 1G. Bonds Shall be Signed by Whom. [518.] Bonds 
issued under this act by any county shall be signed by the 
chairman of the board of county commissioners, and attested 
by the county clerk, under the seal of the county. Bonds 
issued by any city shall be signed by the mayor, and attested 
by the city clerk, under the seal of the city. Bonds issued 
by any township shall be signed by the trustee, attested by 



8 BONDS — ^REFUNDING. [Ch. 1 

the township clerk, and countersigned by the township 
treasurer. Bonds issued by the board of education of any 
city shall be signed by the president, and attested by the 
clerk of the board, under the seal of such board. Bonds is- 
sued by any school district shall be signed by the director, 
attested by the clerk, and countersigned hy the treasurer of 
the school-district board, and the coupons shall be signed by 
the mayor, president, director, trustee, or chairman of the 
board of county commissioners, and the clerks respectively. 
Such bonds may be in any denominations, from $100 to $1000, 
and made payable at such place as may be designated upon 
the face thereof, and they shall contain a recital that thej 
are issued under this act. (Laws 1879, ch. 50, sec. 2 ) 

Sec. 17. How Issued and When. [Laws 1909, ch. 62, sec. 
2.] "When a compromise has been agreed upon, it shall be 
the duty of the proper officers to issue such bonds at the rate 
agreed upon to the holder of such indebtedness, in the man- 
ner prescribed in this act ; but no bonds shall be issued under 
this act until the proper evidence of the indebtedness for 
which the same are to be issued shall be delivered up for 
cancelation : Provided, That no bonded indebtedness shall be 
refunded by the board of county commissioners, or any mayor 
and city council, or any board of trustees of any township, or 
any school-district board, or board of education, under this 
act, except such as have been issued and outstanding at least 
two years at the time of such refunding : And provided further, 
That except for the refunding of outstanding debt, including 
outstanding bonds and matured coupons thereof, or judgment 
thereon, no bonds of any class or description shall hereafter be 
issued where the total bonded indebtedness of such county or 
township would thereby exceed one per cent.^" of the assessment 
for taxation, as shown by the last finding and determination 
by the proper board of equalization, or of such city, school 
district or board of education exceed one and one-fifth per 
cent, of such assessment ; but this restriction shall not apply 
to cities of the first class. 

Sec. 18. iSonds* Issued for Payment of Outstandina Warrants. 
[Laws 1909, ch. 205, sec. 1.] That all school districts in the 
state of Kansas now having outstanding warrants represent- 
ing indebtedness of the district exceeding the sum of one 
thousand dollars be and they are hereby empowered and 
authorized, by and through their duly elected, constituted 
and appointed board of directors, to compromise and refund 
said indebtedness upon such terras as can be agreed upon, 

10. Bonds cannot be issued to exceed one and one-half per cent, for all 
purposes. See section 1. 



CH. 1] BONDS — REFUNDING. 9 

and to issue the bonds of said district in any amount not to 
exceed five per cent, of the assessed valuation of all the tax- 
able property in said district, with semiannual coupons thereto 
attached, in payment of the sums so compromised, which 
bonds shall be issued and disposed of in all respects in con- 
formity and accordance with an act entitled ''An act to enable 
counties, municipal corporations, the boards of education of 
any city, and school districts, to refund their indebtedness." 
being sections 517 to 528, inclusive, General Statutes, 1901 : 
Provided, That said school boards shall offer said bond to the 
Board of Commissioners of the State Permanent School Fund, 
as provided in section 9 of chapter 472 of the Session Laws 
of 1905. 

Skc. 19. Bonds Rpgisiered. [520.] The clerk of every 
county, city, township, school district and board of educa- 
tion issuing bonds under this act shall register the same in 
his oflQce. Such bonds shall also, in every case, be regis- 
tered by the county clerk, showing the date, number and 
amount thereof, rate of interest, number of coupons and 
amount of each, to whom payable, where payable, date of 
maturity, and, if optional, under what conditions; and all 
bonds refunded under this act shall have the words "Paid 
in full" marked in a plain manner across the face of each 
bond and coupon so refunded, and such canceled obligations 
shall be carefully preserved in the office of the county clerk, 
or destroyed by the county commissioners, a register of the 
number, amount and date of issue having been first made by 
the county clerk. The proper officers shall, at the time of 
issuing refunding bonds, make out and transfer to the audi- 
tor of state a certified statement of all proceedings had by 
the proper board or city council, as shown of record, and 
that the said bonds have been issued for value, in all re- 
spects in conformity to this act, for certain indebtedness sur- 
rendered, distinctly describing the bonds issued and the 
indebtedness surrendered, and that they have been duly reg- 
istered by the attesting clerk and the county clerk, as re- 
quired herein, which statement shall be in such form and 
include such other information as the auditor of state may 
require, and be signed by all the officers whose signatures 
are attached to such bonds, and attested by the proper clerk 
with the corporate seal of the county, city, township, school 
district, or board of education, if any, and be duly acknowl- 
edged before the county clerk; and the auditor shall, upon 
being satisfied that such bonds have been issued according 
to the provisions of this act, and that the signatures thereto 
of the officers signing the same are genuine, register the same 



10 BONDS — REFUNDING. [CH. 1 

in his office in a book kept for that purpose, and shall, under 
his seal of office, certify upon such bonds the fact that they 
have been registered in his office according to law. (Laws 
1891, ch. 163, sec. 3.) 

Sec. 20. Indebtedness Not to be Increased. [521.] In all 
cases in which any county, city, township, the board of edu- 
cation of any city, or school district, shall effect a compromise 
of its indebtedness under this act, at a rate of sixty-five per 
cent, or less upon the amount of such indebtedness, and shall 
issue bonds therefor under the provisions of this act, such 
county, city, township, the board of education of any city or 
such school district so compromising at such a rate, shall 
never increase its indebtedness beyond the amount of such 
refunding bonds so issued under this act until the same are 
paid or liquidated, and any bonds that may be issued or in- 
debtedness created in addition to such amount of refunding 
bonds so issued shall be absolutely null and void. (Laws 
1879, ch. 50, sec. 5.) 

Sec. 21. Annual Levy. [522.] In every instance in which 
any county, city, township, the board of education of any city, 
or any school district, shall issue bonds under this act, it shall 
be the imperative duty of the proper officers of such county, 
city, township, the board of education of any city, or of such 
school district, whose duty it may be to levy taxes, to an- 
nually levy, at the time of making the levy of other 
taxes, a tax sufficient in amount to pay the interest upon 
said bonds and the coupons as they become due, and to 
create a sinking-fund as provided for in this act for the pay- 
ment of the principal of such bonds ; and if such officers fail 
or neglect to make such levy, it shall be, the duty of the 
county clerk forthwith to levy such tax ; and in case any 
such officer shall neglect or refuse to levy any such tax at 
the time aforesaid, and in case any county cl'^rk shall neg- 
lect or refuse to extend such tax upon the tax-roll of the 
county at the proper time, then, and in that case, any such 
officer so neglecting or refusing to levy or extend such tax 
shall be severally and individually liable, and shall also 
be liable upon his official bond to the holder of any such 
bond or coupon falling due during the year for which 
such tax should have been levied or extended for the full 
amount thereof, as soon as the same is due, which liability 
may be enforced in a civil action in the name of such holder ; 
and any such officer so neglecting or refusing to levy or ex- 
tend such tax shall also be deemed guilty of a misdemeanor, 
and on conviction thereof shall be fined in an amount equal 
to the amount which it may be shown should have been so 



CH. 1] BONDS — REFUNDING. , 11 

levied or extended during such year, or imprisoned in the 
county jail for a term of not less than three nor more than 
twelve months. (Laws 1879, ch. 50, sec. 6.) 

Sec. 22. County Treasurer to Make Levy. [523.] Should 
the proper officers whose duty it is to levy the taxes to pay 
such bonds and coupons fail or neglect to make such levy as 
provided for in this act, it shall be the duty of the auditor of 
state, at any time thereafter, to ascertain the amount of in- 
terest and sinking-fund or principal of such bonds, accrued 
and to accrue during that year, and shall certify the amount 
thereof to the treasurer of the county in which such bonds 
were issued, setting forth the amount thus due, and whether 
from the county or from a particular city, township, the 
board of education of any city or school district within such 
county ; and it shall be the duty of such county treasurer, 
immediately upon receiving such certified statement from 
the auditor of state, to proceed to ascertain from the assess- 
ment roll of the county the amount of taxable property in 
such county, city, township, the board of education of any 
city, or such school district, and what percentage is required 
to be levied thereon to pay said interest and sinking-fund or 
principal, and when so ascertained shall levy such percent- 
age upon the taxable property of such county, city, town- 
ship, the board of education of any city, or such school 
district, as may be liable thereto, and shall immediately 
place the same upon the tax-roll of the county, in a separate 
column or columns, designating the purpose for which said 
taxes are levied ; and the said taxes shall be collected by the 
county treasurer of such county in the same manner that 
other taxes are collected. And should such county treasurer 
neglect or refuse to levy such tax and place the same upon, 
the tax-roll for collection, as herein provided, he shall be 
personally liable, and also liable upon his official bond to the 
holder of any such bonds or coupons then due for the full 
amount thereof, and shall also be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be imprisoned in 
the county Jail for not less than three nor more than twelve 
months. (Laws 1879, ch. 50, sec. 7.) 

Sec. 23. Sinking-fund. [524.] It shall be the duty of 
every county, city, township, the board of education of any 
city, and of every school district, issuing bonds under this 
act, and of the proper officers thereof, to create a sinking- 
fund, and to levy annually a sufficient tax therefor, for the 
redemption of such bonds, which shall be collected as other 
taxes, and paid into the treasury as provided by law for other 
taxes, and shall remain as a specific fund for the redemption 



12 BONDS — ^REFUNDING. [Ch. 1 

of said bonds ; the amount of which sinking-fund shall be as 
follows : In every instance in which bonds shall be issued 
under this act for twenty years or less, the quotient found by 
dividing the amount of the piincipal of such bonds by such 
number of years shall be the amouut of sinking-fund to be 
levied each year for the redemption of such bonds ; but in 
every instance in which such bonds shall be issued for more 
than twenty years, it shall not be necessary to create a sink- 
ing-fund, or to levy a tax therefor, until the twentieth year 
prior to the maturity of such bonds, at which time, and each 
year thereafter, one-twentieth of the principal amount of 
such bonds shall be levied as a sinking-fund for the redemp- 
tion of such bonds: Provided, That any county, city, town- 
ship, the board of education of any city, or any school district 
issuing bonds under this act, may buy in and cancel any such 
bonds whenever the same can be done at or below par : Artd 
provided furlher, That such sinking-fund, when not required 
for the payment or purchase of bonds, may be invested in 
bonds of the United States or of the state of Kansas, and in 
no other manner : And provided further, That under the pro- 
visions of this act, the proper officers are authorized, if de- 
sirable, to issue instalment bonds, running thirty years, 
having coupons attached representing the semiannual inter- 
est to become due thereon ; and each coupon attached to any 
instalment bond shall, after five years from its date, repre- 
sent one-fiftieth of its principal, which amount shall be 
shown by separate words and figures aside from the interest 
represented in the coupon, and each instalment bond shall 
show upon its face that its principal is included in its cou- 
pons. (Laws 1879, ch. 50, sec. 8.) 

Sec. 24. Coupons Paid and Destroyed. [525.] Whenever 
the bonds or interest coupons issued under this act shall be- 
come due, they shall be, on presentation, promptly paid by 
the proper disbursing officer, out of the money in his hands 
collected for that purpose ; and he shall indorse uJDon the 
face of any bond or coupon paid by him, in red ink, the word 
"Paid," and the date of payment, and sign his name thereto, 
and at each settlement he shall turn over the bonds and cou- 
pons so paid and canceled, which shall be carefully preserved, 
or destroyed. (Laws 1879, ch. 50, sec. 9.) 

Sec. 25. Pennlty for Wrongful Use of Money. [526.] Any 
person who shall appropriate, use, or aid or abet in appro- 
priating or using, any of the funds or moneys mentioned in 
thisact,for any other purpose than as in this act provided, shall 
be deemed guilty of a misdemeanor, and on conviction thereof 
shall be fined in a sum equal to the amount of money so ap- 



GH. 1] BONDS — REFUNDING. 18 

propriated or used, and imprisoned in the county jail for not 
less than three nor more than twelve months, and shall also 
be liable in a civil action for the amount misappropriated or 
used, to be prosecuted by anv such bondholder or other party 
entitled thereto. (Laws 1879, ch. 50, sec. 10.) 

Sec. 26. Coupons Receivable for TaxfS. [527.] The interest 
coupons provided for in this act shall, as fast as they become 
due, be receivable in payment of taxes due to the particular 
county, city, the board of education of any city, the township 
or school district which may have issued such coupons, and 
shall be received by all collecting officers the same as cash, in 
payment of such taxes. (Laws 1879, ch. 50, sec. 11.) 

Sec. 27. Merged Districts Mny Refund Bonded Indebtedness. 
[Laws 1903, ch. 430, sec. 1.] That the officers of any school 
district or joint district, containing all, the greater amount or 
an equal amount to the largest fraction contained in any 
other existing district, of the territory of a school district 
heretofore or hereafter disorganized (under chapter 177 of 
the Laws of 18H9, or chapter 305 of the Laws of 1901), are 
hereby authorized and empowered to compromise and refund 
the legally existing bonded indebtedness of the merged dis- 
trict and to issue refunding bonds in the manner and upon 
the terras prescribed by chapter 50 of the Laws of 1879 and 
the amendments thereto. 

Sec. 28. Form of Bowh. [Laws 1903, ch. 430, sec. 2.] 
Bonds issued under this act shall contain a recital that they 
are issued in pursuance of this act and of chapter 50 of the 
Laws of 1879 and the amendments thereto, and shall run in 
the name of the merged school district, and may be substan- 
tially in the following form : 

STATE OF KANSAS. 

No. ^ $-„„ 

MERGED SCHOOL-DISTRICT REFUNDING BOND. 

Be IT Known. That merged school district No. , 

county, state of Kansas, is indebted to in the sum of 

dollars, bearing interest from date at the rate of per cent, per 

annum, payable semiannually, on the 1st day of January and July m each year, 

at the office of , in the city of , and for which 

coupons are hereto attached. 

This bond is one of bonds, amounting in the aggregate to $ 

issued for the purpose of refunding the legally existing bonded indebtedness 
of said merged district, and in pursuance of chapter 430 of the Laws of 1903, 
and chapter 50 of the Laws of 1879 and the amendments thereto. The prin- 
cipal of this bond is made payable at the office of the , in lawful 

money of the United States, on the 1st day of , ; and for 

such payment the faith and property of the territory comprised in said merged 
district at the time of its disorganization is hereby pledged. Said merged 

district was disorganized on the day of , 19 , and the 

territory thereof was, on the day of , 19 , 

incorporated with school district No , county, state of Kan- 



14 BONDS — ^REFUNDING. [Ch. 1 

sas. The officers signing this bond hereby certify that all the requirements 
of law have been fully complied with. 

In Testimony Whereof, This bond has been issued and signed by the 
director, attested by the clerk and countersigned by the treasurer of school 
district No , and registered by the county clerk. 

Dated at , county of , state of Kansas, this day 

°^ ~ ' ^^ Signed : Director. 

Attested: Clerk. 

Countersigned: _~ Treasurer. 

Sec. 29. Commissioners to Levy. [Laws 1903, ch. 430, 
sec. 3.] It shall be the duty of the county commissioners of 
the county in which the territory of such merged district lies 
to annually cause to be levied upon the property, real and 
personal, in the territory of such merged district, a tax suffi- 
cient to meet the interest and provide a sinking-fund for the 
payment of the indebtedness so refunded. In case of the 
disorganization and merger of any joint district, such tax 
shall be levied by the county commissioners of the respective 
counties wherein the territory of the merged district lies, and 
the moneys arising out of said levies, when collected, shall be 
paid to the treasurer of the county having the greater amount 
of the territory of said district, in the manner prescribed by 
section 1, chapter 226, of the Laws of 1889. 

Sec. 30. Suits against Merged Districts. [Laws 1903, ch. 
430, sec. 4.] Suits may be brought by or against merged 
districts respecting bonds so issued, and the school-district 
oflBcers issuing said bonds or their successors shall appear for 
and in behalf of said merged district. 

Sec. 31. May Take up Merged- district Bonds. [Laws 1903, 
ch. 430, sec. 5.] That the qualified voters of any school dis- 
trict or joint district containing all of the territory of two or 
more school districts heretofore or hereafter disorganized 
may, by a majority vote thereof, at a special election called 
for that purpose, vote to issue the bonds of such joint district 
for the purpose of refunding or taking up of the bonds of the 
merged or disorganized district contained in such joint dis- 
trict. Such bonds shall recite that they are issued in pursu- 
ance of this act, and shall run in the name of the joint school 
district : Provided, That no greater amount of bonds shall be 
issued under this act than the total amount of bonds out- 
standing of the merged districts whose territory is contained 
in such joint district. 

Sec. 32. Law Governing Such Indebtedness . [Laws 1903, ch. 
480, sec. 6.] Such indebtedness so created shall be consid- 
ered and treated as and shall be governed by the laws relat- 
ing to the general indebtedness of school districts. 

Sec. 33. Disorganized Districts, Bonds of . [Laws 1905, ch. 



CH. 1] BONDS — ^REFUNDING. 15 

383, sec. 1.] If any disorganized school district has a legally 
existing bonded indebtedness at the time of its disorganiza- 
tion, such indebtedness shall attach to and be a charge against 
the territory comprised in such disorganized district at the time 
of its disorganization ; and it shall be the duty of the county 
commissioners of such county annually to cause to be levied 
upon the property, real or personal, in such disorganized ter- 
ritory a tax sufficient to meet the interest and provide a 
sinking-fund for the payment of such indebtedness. When- 
ever the bonded indebtedness of any disorganized district can 
be advantageously compromised and refunded, the officers of 
the school district to which such disorganized district shall be 
attached, or has heretofore been attached, or into which it has 
been merged, shall have the power, and it shall be their duty, 
to issue refunding bonds for such purpose, in the same man- 
ner and under the same restrictions and regulations now pro- 
vided by law for the refunding of other school-district bonds. 



16 BUSINESS COLLEGES. [CH. 2 



CHAPTER II.— Business Colleges. 

§34. Permit to canvass. I §37. Penalty for canvassing without a permit. 

35. Revocation of permit to canvass. 38. Notes or contracts, void, when. 

36. Permit to be shown by agent. I 

Skc^tion 34. Permit to Canvass. [Laws 1909, ch, 204. sec. 
1.] That it shall be unlawful for any representative or any 
agent of any business college, or commercial department of 
any other school, to canvass in the state of Kansas for the 
purpose of selling tuition in advance, or to contract, or to se- 
cure their note for any tuition before the registration of said 
student in the college register at the college, without the school 
first making application to the state superintendent of 
public instruction and receiving from him a written permit, 
granting such school this privilege. The state superintend- 
ent of public instruction, upon receipt of said application, 
shall, before granting such a permit, publish a notice of said 
application in the official state paper for a term of thirty 
days, at the end of which time he shall grant the school 
making application such permit: Providing, however. That 
satisfactory proof has not come to his knowledge, after a 
diligent inquiry, that said school or business college or com- 
mercial department is incompetent to furnish such a course 
of instruction as it advertises, or that the moral surroundings 
of the institution are not good, or that the premises are kept 
in an unhealthy condition, or that the agents of said institu- 
tion use misrepresentations or fraudulent methods in securing 
contracts, notes t)r cash from prospective students, and in 
either of these cases he shall refuse to grant them a permit. 

Skc. 35. Revocation of Permit to Canvass. [Laws 1909, ch. 
204, sec. 2.] After having granted any business college, com- 
mercial school, or commercial department of any other school 
a permit to canvass, and such school shall violate any of the 
conditions required to secure a permit, then the state super- 
intendent of public instruction shall revoke the permit and 
shall not reissue a permit to that school until he is satisfied 
that they will comply with the foregoing requirements. 

Sec. 36. Permit tp be Shown by Agnit. [Laws 1909, ch. 204, 
sec. 3.] Any agent or representative of any such school doing 
business within the state, or without the state, when operat- 
ing«within the state of Kansas, shall, upon request of any 
person, show a permit or certified copy thereof, showing that 
the school he represents has permission to canvass within the 
state. 



CH. 2] BUSINESS COLLEGES. 17 

Sec. 37. Penalty for Canvassing Without a Permit. [Laws 
1909, ch, 204, sec. 4.] Any person who shall violate this act 
by canvassing for students with the intention of selling tuition 
for cash, contract or note for any business college, commercial 
school or any commercial department of any other school 
without first having this permit from the state superintendent 
of public instruction, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be punished by a fine of 
not less than one hundred dollars and not more than five 
hundred dollars, or by imprisonment not to exceed thirty 
days, or by both such fine and imprisonment. 

Sec. 38. Notes or Contracts Void, When. [Laws 1909, ch. 
204, sec. 5.] Any note or contract taken by any such busi- 
ness college or the commercial department of any other school, 
or their agents or representatives, for tuition without first 
having complied with the provisions of this act shall be void. 



-l" 



18 



CERTIFICATES — STATE. 



[CH. 3 



CHAPTER III.— Certificates. 



ARTICLE L— State Certificates. 



§ 39. State Board of Education. 

40. Meetings and powers of state board. 

41. Additional state certificates. 

42. Approval of course of study. 

43. Examination in professional subjects. 

44. Certificates issued. 

45. Other institutions entitled to credits. 

46. Examination in common branches. 

47. Examinations at approved institutions. 

48. Credits may be refused, when. 

49. Certificates from other states recognized. 

50. Certificates void, when. 

51. Certificates canceled, when. 

52. Graduates of State University. 

53. Graduates of other colleges. 

54. Renewal. 

55. Graduates in normal courses. 

56. Normal School certificates. 

57. Certificates renewable. 

58. Registered and signed by state superin- 

tendent. 

59. State Normal School certificates. 

60. Registration of certificates and diplomas. 

61. Duty of county superintendents and 

clerks of boards of education. 

62. Unlawful to pay salary. 

63. No fees. 

64. Registration reported to state superin- 

tendent. 



Does not revive lapsed certificate. 

County board of examiners, how consti- 
tuted; qualifications and appointment. 

Public examinations; notice of same. 

Examinations in other counties and at 
state schools. 

Special examinations. 

Fees for certain examinations. 

Uniform examinations. 

State superintendent shall forward ques- 
tions, when. 

Unlawful use of examination questions. 

Penalty for unlawful use of examination 
questions. 

Examiners exempt. 

Grades of certificates. 

Professional ; to whom issued. 

First grade; to whom issued. 

Second and third grades; to whom issued. 

Temporary certificate. 

Issued on examination. 

County certificates, where valid. 

Revocation; causes for. 

Examination of teachers in physiology 
and hygiene. 

Examinations in districts employing ten 
or more teachers. 



Section 39. State Board of Education. [6212.] There shall 
be a State Board of Education, consisting of the state su- 
perintendent of public instruction, the chancellor of the 
State University, the president of the State Agricultural Col- 
lege, the president of the State Normal School, and three 
others to be appointed by the governor by and with the con- 
sent and advice'of the senate, selected from among those en- 
gaged in school work in the schools of the state. The three 
thus appointed by the governor shall hold their office for a 
term of two years, or until their successors are duly appointed 
and qualified. The State Board of Education thus consti- 
tuted are hereby authorized and empowered to issue state 
diplomas" to such professional teachers as may be found, 
upon critical examination, to possess the requisite scholar- 
ship and culture and who may also exhibit satisfactory evi- 
dence of unexceptionable moral character and of eminent 
professional experience and ability, and who have taught for 
two years in the state. All such diplomas shall be counter- 
signed by the state superintendent of public instruction, and 
shall supersede the necessity of any and all other examina- 

11. A state diploma differs from a life certificate in branches and experi- 
ence required. The privileges granted by each are identical. See rules of 
State Board of Education, notes 38-53. 



CH. 3] CERTIFICATES — STATE. 19 

tions of the persons holding the same by county, city or local 
boards of examiners, and such diplomas shall be valid in any 
county, city, town or school district in the state during the 
lifetime of the holder, unless revoked by the State Board of 
Education. (Laws 1893, ch. 132, sec. 1.) 

Sec. 40. Meetings and Powers of Board. [Laws 1905, ch. 
387, sec. 1.] That section 6214 of the General Statutes of 
li^Ol be amended to read as follows : The State Board of 
Education shall meet at such times and places as by them 
may be deemed necessary and transact such business as may 
legally come before them, and examine all applicants who 
may present themselves for such examination ; and, if satis- 
fied with the scholarship, culture and moral character of the 
applicant, and with his professional attainments and experi- 
ence, said board shall issue a state diploma or certificate, 
as the case may be, in accordance with such examination 
and the provisions of the law. The state board shall pre- 
scribe a course of study for the normal institutes and for the 
public schools of the state, and shall revise the same when 
the interests of the schools require it : Provided, That the 
course of study for elementary schools shall include all studies 
required by chapter 435^^ of the Session Laws of 1903 and 
section 6235" of the General Statutes of 1901. The auditor 
of state is hereby authorized to issue warrants upon the state 
treasurer against any funds not otherwise appropriated for 
the actual expenses of the members of said Board of Education 
incurred in attending the meetings or examinations provided 
for in this act, except for the examinations as specified in sec- 
tion 8 of this act : Provided, In each case, that said warrant 
shall issue only upon the statement verified by affidavit of the 
member submitting such account, and approved by the secre- 
tary of said Board of Education : Provided also, That the sum 
total of said expenses of the board shall not exceed $300 per 
annum. 

Sec. 41. Additional State Certificates. [6213.] The State 
Board of Education are furthermore authorized and empow- 
ered to issue state certificates of high qualifications to such 
teachers as may be found, upon examination, to possess the 
requisite scholarship, and who may also exhibit satisfactory 
evidence of good moral character, and ability to teach, and 
skill to govern and control children. The certificates issued 
by the State Board of Education may be of two grades — one 
for three years and one for five years ; and all certificates is- 

12. Section 201 of this book. 

13. Section 84 of this book. 



20 CERTIFICATES — STATE. [CH. 8 

sued by said board shall be countersigned by the state super- 
intendent of public instruction, and such state certificate shall 
supersede the necessity of all other exaraioations of the per- 
sons holding them by county or local boards of examiners; 
and such certificates shall be valid in any county, city, town, 
or school district in the state for the term of three or five 
years^* (as therein set forth), unless sooner revoked by said 
State Board of Education. (Laws 1876, ch. 122, art. 6, sec. 8 ) 

Sec. 42, Approval of Course of Study. [6215.] Upon the 
application of any college, university, or educational institu- 
tion of like standing, incorporated under the general laws of 
the state of Kansas, the State Board of Education shall have 
the power to examine the course of study prescribed and the 
character of the work done by it, and if, in the judgment of 
said board, it shall prove to have as efficient course of study 
as the four-years courses of study in the State Normal School,^® 
the said State Board of Education shall have power to accept 
grade given on academic subjects completed in course and 
passed in regular examination to persons who are graduates 
of or may hereafter graduate from such institution, in lieu of 
the examinations on the same subjects required for the state 
certificate which said board is empowered to give by sections 
1 and 2 of this act,^^ and section 8 of article 6, chapter 122, 
Laws of 1876. (Laws 1893, ch. 132, sec. 3.) 

Sec. 43. Examination upon Professional Si(,bjects. [6216.] 
The board shall examine all persons whose grades are thus 
accepted, upon the professional subjects included in the course 
of study at the State Normal School , viz. : Philosophy of edu- 
cation, history oteducation, school laws, methods of teaching, 
school management, and upon such other subjects as the regu- 
lations of the board require upon which they are unable to 
present grades as required in section 3 of this act." (Laws 
1893, ch. 132, sec. 4.) 

Sec. 44. Certificates Issued. [6217.] To all persons re- 
ceiving credits and passing examinations as required in the 
preceding section, the State Board of Education shall issue 
the three-years certificate provided for b}'' the sections men- 
tioned by the third section of this act,^^ and at the expiration 

14. These certificates are not renewable. 

15. The law makes the State Normal School course the basis. Schools 
seeking approval under this section should consult the catalogue of the State 
Normal School for information as to quantity and kind of work required. 

16. Sections 39, 40, 41 of this book. 

17. Sections 39, 40, 41 of this book. 

18. Section 42 of this book. 



CH. 3] CERTIFICATES — STATE. 21 

of that time, if the holder of said certificate satisfies the board 
that he has taught successfully at least two years out of the 
three, and has kept himself well informed in the general 
literature of his profession, said board shall issue a life cer- 
tificate in lieu of the first one issued. (Laws 1893, ch. 132, 
sec. 5.) 

Sec. 45. Other ImHtuHo-ns Enlilled to Credits. [6218.] The 
graduates of the State University, the State Agricultural Col- 
lege, and of institutions of learning in any of the United 
States maintaining, in the judgment of the State Board of 
Education, the same high grade of scholarship as required in 
section 3 of this act," shall be entitled to similar credits. 
(Laws 1893, ch. 132, sec. 6.) 

Sec. 46. ExaminationinComw on Branches. [6219.] When 
the examination papers show a lack of knowledge of the com- 
mon branches, so-called, viz., history of the United States, 
arithmetic, grammar, geography, orthography, and penman-, 
ship, the said board is authorized to require the candidate to 
pass a specific examination upon the same. (Laws 1893, ch. 
132, sec. 7.) 

Sec. 47. Examinations at Approved Institutions. [6220.] 
The State Board of Education is authorized to give examina- 
tions at the institutions whose course of study it approves, 
each institution bearing the expense of the same. (Laws 
1893, ch. 132, sec. 8.) 

Sec. 48. Credit Maybe Refused, When. [6221.] When the 
said board satisfies itself that any institution is not main- 
taining the standard by which it received the approval of the 
board, its graduates shall not be entitled to the credits pro- 
vided in section 3.'" (Laws 1893, ch. 132, sec. 9.) 

Skc. 49. Certificates from Ot'tier States Recognized. [6222.] 
When the State Board of Education is satisfied that any resi- 
dent of this state, holding a state certificate issued by any 
other state in the United States, secured the same by pass- 
ing an examination equivalent to that given by said board, 
it may issue to said person the certificate as provided for in 
section 3 of this act,^^ without further examination. (Laws 
189:^,, ch. 132, sec 10.) 

Sec. 50. Certificates Void, When. [6223.] All life certifi- 
cates issued by the State Board of Education or by the re- 

19. Section 42 of this book. 

20. The State Board of Education is snecifically empowered to withdraw 
approval from any school accredited under section 42, if it appears to the 
board that said school is not maintaining: the required standard. 

21. Section 42 of this book. 



22 CERTIFICATES — STATE. [Ch. 3 

gents of the State Normal School shall be void if the holder 
of the same should not be engaged in school work for three 
consecutive years : Provided, That certificates may be re- 
newed by the State Board of Education. (Laws 1893, ch. 
132, section 11.) 

Sec. 51.^^ Certificafes Canceled, When. [6224.] The said 
State Board of Education is empowered to cancel any state 
certificate which said board, on satisfactory proof, finds to be 
held by a person of immoral character or otherwise disquali- 
fied for a teacher. (Laws 1893, ch. 132, sec. 12.) 

Sec. 52. Graduates of State University. [6236.] Any gradu- 
ate of the school of arts of the University of Kansas whose 
course of study shall have included the subjects required for 
the teacher's diploma of the said University shall, upon the 
presentation of said teacher's diploma of the said University 
to the State Board of Education, receive a three-years certifi- 
cate to teach in the public schools of this state. (Laws 1899, 
ch. 179, sec. 1.) 

Sec. 53. Graduates of Other Colleges. ^^ [6237.] Any gradu- 
ate of any other university or college incorporated under the 
laws of this state maintaining a department of education and 
maintaining the same or equivalent^* requirements for admis- 
sion to the freshman class as the University of Kansas, and 
requiring and maintaining a regular four-years course there- 
after for graduation, and accredited as such by the State 
Board of Education, shall, upon the presentation of the di- 
ploma of such university or college to the State Board of 
Education, receive from said board a three-years certificate 
to teach in the p^ublic schools of this state : Provided, That 
his course of study shall have included the subjects^* required 
for the teacher's diploma of the University of K9,nsas, as ap- 
proved by the State Board of Education. ^^ (Laws 1899, ch. 
179, sec. 2.) 

Sec. 54. Renewal. [6239.] Any person holding a three- 
years certificate granted in accordance with the provisions of 
section 1 or section 2 of this act^® may, at any time within 

22. See section 83 of this book for additional cause for revocation. 

23. See note 47. 

24. Colleges asking privileges under this section should consult the an- 
nual catalogue of the University of Kansas for information about the re- 
quirements of this section. The law makes the course of the University of 
Kansas the basis. 

25. See note 49. 

26. Sections 52, 53 of this book. 



CH. 3] CERTIFICATES — STATE. 23 

six months*^ before or after its expiration, apply to the State 
Board of Education for a life certificate, and if it shall appear 
to the said State Board of Education that the applicant is of 
good moral character, has taught successfully not less than 
two years** of the three, and has kept himself well informed 
in the general literature^* of his profession, a life certificate 
shall be issued to said applicant by said Board of Education : 
Provided, That such life certificate shall be void if the holder 
thereof is out of the teaching profession for three consecutive 
years : Provided, That life diplomas^^ may be renewed by the 
State Board of Education. (Laws 1899, ch. 179, sec. 4.) 

Sec, 55. Graduates in Normal Courses.^'^ [6288.] The State 
Agricultural College and any educational institution incor- 
porated under the laws of this state, and accredited by the 
State Board of Education as maintaining a course of study 
including all the branches ^^ prescribed by law and required 
by said State Board of Education for securing a three-years 
certificate to teach in the public schools of the state, is hereby 
authorized to grant a diploma — the form of which shall be 
prescribed by the State Board of Education — to any person 
who shall complete the above-specified course of study, which 
diploma shall be accepted by the State Board of Education as 
authorization for granting to the holder of such diploma a 
three-years certificate^^ to teach in the public schools of the 
state of Kansas : Provided, Said person shall have given not 
less than twenty weeks^^ to practice teaching under the pro- 
vision of the pedagogical department of said educational in- 
stitution. (Laws 1899, ch. 179, sec. 8.) 

Sec. 56. Normal Course Certificates. [Laws 1905, ch. 388, 
sec. 1.] The board of regents of the State Normal School 
shall have power to fix for the State Normal School and its 
auxiliaries courses of study, preparatory and normal, and 
shall fix, in addition to the two-years course as now provided 
by law, a course of not less than three years in the normal 

27. The law determines the limits of time within which this certificate 
may be renewed. 

28. The law prescribes the requirements for renewal of this certificate 
and makes the State Board of Education the judge of when said requirements 
have beeri met. 

29. "Diploma," as here used, refers to the life certificate mentioned in 
this section. 

30. Read notes 47-53. 

31. See manual of the State Board of Education, edition of 1906, page 9. 

32. This certificate is not renewable, (See note 49.) 

33. See note 48. 



24 CERTIFICATES — STATE. [GH. 3 

department of each of the auxiliary schools, in such manner 
as may seem to them economical and effective in the training 
of teachers ; and, in so doing, they shall not be limited by 
any of the restrictions heretofore made as to subjects of [or] 
the length of courses ; and before issuing the life diploma on 
completion of the full course of instruction in the State Nor- 
mal School, as provided by law, the said board of regents 
shall issue to students of the State Normal School and its 
auxiliaries a one-year state certificate^^ on the completion of 
the first two-years course at the Normal School or its auxilia- 
ries, as heretofore, and shall on the completion of the three- 
years course in the State Normal School or its auxiliaries 
issue a diploma, which shall be a certificate valid for teach- 
ing in the public schools of the state for three years. ^* 

Sec. 57. Certificates Renewable. [Laws 1905, ch, 388, sec. 
2] Said board may provide courses of study for the State 
Normal School and its auxiliaries according to the standard 
set for accredited schools under the certificate law of 1899, '^ 
and may issue to graduates of such courses the three-years 
state certificate entitling such graduates to its privileges, in- 
cluding renewal by the State Board of Education, as provided 
by law. And said board of regents of the State Normal 
School shall have power to confer such degrees as they may 
deem proper ; but no honorary degree without a year or more 
of actual enrolment in school or without corresponding lit- 
erary, scientific and professional attainments shall ever be 
granted by the State Normal School. 

Sec. 58. Registered and Signed by State Superintendent. 
[Laws 1905, ch. 388, sec. 3.] All teachers' certificates and 
all diplomas having certificate value shall, before they are 
issued by this board, be presented to the state superintendent 
of public instruction for his signature and for registration in 
his office. 

Sec. 59. Sta^e Normal School Certificate. [6869.] As soon 
as any person has attended said institution twenty-two weeks, 
said person may be examined in the studies required by the 
board, in such manner as may be prescribed, and if it shall 
appear that said person possesses the learning and other 
qualifications necessary to teach a good common school, said 
person shall receive a certificate to that eff'ect from the prin- 
cipal, to be approved by the superintendent of public instruc- 
tion ; and as soon as any person shall have completed the 

34. These certificates are not renewable. 

35. These certificates are not renewable. 

36. See section 53 of this book. 



CH. 3] CERTIFICATES — STATE. 25 

full course of instruction in the State Normal School, he or 
she shall receive a diploma, which, when signed by the 
president of the institution, state superintendent of public 
instruction, and the board of directors of said school, shall 
be evidence that the person to whom such diploma is granted 
is a graduate of the Scate Normal School, and entitled to all 
the honors and privileges belonging to such graduates; and 
such diploma shall serve as a legal certificate of qualification 
to teach in the common schools of this state. (Laws 1864, 
ch. 99, sec. 13.) 

Sec. 60. Registration. [Laws 1905, ch. 394, sec. 1.] That 
every state certificate, state diploma or any other document 
issued by the State Board of Education as a teacher's certifi- 
cate, and every Kansas State Normal School diploma, one- 
year certificate or any other document issued by the Kansas 
State Normal School as a teacher's certificate, must be regis- 
tered by the county superintendent of the county, or with the 
clerk of the board of education of the city of the first or sec- 
ond class, in which the holder contracts to teach. Failure, 
neglect or refusal to comply with the foregoing provision will 
render said certificate, diploma, Normal School diploma or 
other document void as a teacher's certificate in such county 
or city of the first and second class until such registration is 
complied with. 

Sec. 61. Duties of Certain Officers. [Laws 1905, ch. 394, 
sec. 2.] It shall be the duty of the county superintendent or 
clerk of the board of education of a city of the first or second 
class to register all such certificates, diplomas or other docu- 
ments when presented to him by the holder thereof. It shall 
be the duty of said superintendent or clerk to provide a suit- 
able record for this purpose; said record to show the name 
and address of the holder, kind of certificate, diploma or other 
document held, date of issue and date of expiration, if issued 
for other period than the life of the holder. It shall be the fur- 
ther duty of the county superintendent or clerk of the board of 
education to issue to such holder a statement of the kind of 
certificate, diploma or other document held, giving date of 
issue and date of expiration of same. 

Sec. 62. Unlawful to Pay Snlary, When. [Laws 1905, ch. 
394, sec. 3.] It shall be unlawful for any district board, 
board of education or board of trustees of a county high school 
to issue an order for payment of the salary for services as 
teacher of any holder of said certificate, diploma or other 
docutnent unless said holder presents a certificate of registra- 
tion as provided for in section 2 of this act. 



26 CERTIFICATES — STATE. [CH. 3 

Sec. 63. No RegistraHon Fee. [Laws 1905, ch. 394, sec. 4.] 
No fee shall be charged for the registration required by this 
act. 

Sec. 64. Report to State Superintendent. [Laws 1905, ch. 
394, sec. 5.] It shall be the duty of the county superintend- 
ents and clerks of boards of education of cities of the first and 
second class to report, in October and March of each year, to 
the State Board of Education all certificates, diplomas or 
other documents registered in their respective counties or 
cities. It shall be the duty of the state superintendent to 
provide necessary blanks for this report. 

Sec. 65. No Revival. [Laws 1905, ch. 394, sec. 6.] No 
provisions of this act shall be construed to revive a state cer- 
tificate, state diploma or State Normal School diploma which 
has lapsed under provisions of section 6223" of the General 
Statutes of 1901, nor any certificate or diploma which has 
lapsed by expiration of time for which it was issued. 

37. See section 50 of this book. 

38. The board interprets the law as requiring that institutions asking to 
be accredited must establish and maintain a distinct department of peda- 
gogy, filled by a teacher of eminent educational qualifications, secured 
through long experience in the schoolroom and through special pedagogical 
studies, or by a full college course which shall have included the pedagogical 
subjects which he shall be required to teach. 

39. All professional work must be done in'an institution accredited under 
the law of 1899, or else the examination must be taken in five professional 
branches. 

40. Those colleges whose courses have been approved are required to 
have at least 100 volumes of standard works in their pedagogical libraries. 

41. The board will recognize summer work in accredited colleges only 
when such work is done in a regularly organized term of not less than ten 
weeks and the teaching is done by the regular instructors: Provided, That 
not more than three of the ten-weeks subjects be taken in any one summer 
termfl ,, 

42. Graduates of the school of arts of accredited colleges or universities 
in this state may take the professional work in course in the institution from 
which they graduated, or in any other accredited college or university in 
the state; but if they do not devote the time specified in actual resident 
class work, they will be required to take the examination in the professional 
subjects given by this board. 

43. The board will not accredit the arts courses of any institution which 
does not require for admission at least three years of Latin and two years 
additional language work, algebra to ratio and proportion, and plane and 
solid geometry, and in other respects require the equivalents of the prepa- 
ration for admission to the State University. J 

44. The institutions whose normal course has been approved will under- 
stand that the standard for admission should be a second-grade certificate, 
or an examination equivalent to the same. All of the work contemplated in 
the course, including advanced work in the common branches, is designed to 
be of such high character as will be profitable to such candidates. 



CH. 3] CERTIFICATES — COUNTY. 27 

Sec. 66. County Board of Examiners. [Laws 1905, ch. 390, 
sec. 1.] In each county there shall be a board of county ex- 
aminers, composed of the county superintendent, who shall 
be ex officio chairman of the board, and two competent per- 
sons, holders of professional certificates or first-grade certifi- 
cates, or of state certificates, or of diplomas from the State 

45. The texts to be used in all of the subjects embraced in the course are 
to be those approved by the State Board of Education, or those generally 
recognized as their equivalent. 

46. Permanent records of the work of each student are to be kept, giving 
a full history of his entrance and course until graduation. 

47. Institutions asking approval of their normal courses under the law of 
1899 must maintain a course equivalent to one of the four-years courses at 
the State Normal School, including twenty weeks' practice teaching, under 
the head of the pedagogical department. Practice teaching referred to 
must not include any teaching for which pay is received. 

48. The interpretation by the board of the term "practice teaching," as 
contained in the law ( Laws of 1899, chapter 179, section 3 ) , is, that it means 
actual model-school work as given at the State Normal Sch®ol, and that it 
requires the establishment of model schools, connected entirely with the 
institutions approved. 

49. Certificates granted to graduates of normal courses of accredited in- 
stitutions under the law of 1899 are not renewable. The board, however, 
may grant life certificates to the holders of such certificates, at their ex- 
piration, upon examination in the five professional branches. 

50. The standard of admission to the normal course must be at least as 
high as that required by law for a second-grade county certificate. 

51. The foregoing standard is for admission only, and does not permit the 
acceptance of records in any subjects on first- and second-grade country cer- 
tificates in lieu of class work and examinations in the course proper; neither 
does it permit the acceptance of grades made at other schools not approved 
by the board. 

52. Graduates of high schools whose diplomas admit to the freshman 
class of the State University may be given not to exceed one and one-half 
years' credits on purely academic subjects, though such subjects shall not 
include the common branches. 

53. Common-school texts in college subjects do not meet the standard 
approved by the board. 

Note.— The awarding of a certificate, or any other act within the jurisdic- 
tion of the board, must have duly received, in the lawful course of business, 
the consent of at least two members of the board, in order to be, legally, an 
act of the board. County certificates can be legally granted only by the 
board. 

A county certificate cannot be lawfully dated back beyond the time when 
the county board, in the lawful course of business, actually awarded the same. 

Although the county board may, by revocation for cause, abridge, they 
cannot lawfully extend the time during which a certificate issued by them 
shall be in force, nor renew the same without a public examination of the 
holder thereof. 

A public examination is the only legal basis for the issue of a certificate. 
It is the province of the board to determine the standing of the applicant in 
every study, and to inquire into the " competency" of the candidate to teach 
and govern a school successfully. 

It is proper for the board to refuse a certificate to an applicant passing 
the necessary examination but not satisfying the board as to his ability to 
"teach and govern a school successfully." 



28 CERTIFICATES — COUNTY. [CH. 3 

University, the State Normal School, or the State Agricul- 
tural College, who shall be appointed by the county commis- 
sioners on the nomination of the county superintendent, and 
shall serve one year from the time of their respective ap- 
pointments, and each of whom shall receive for his services 
the sum of three dollars per day for not to exceed twenty- 
four days in any one year. 

Sec. 67. Public Exami nations. [Laws 1905, ch. 391, sec. 
1.] The board of county examiners, two of whom shall con- 
stitute a quorum, shall, on the last Saturday of January and 
of October, and on Saturday of the last week of the county 
normal institute, together with the Friday preceding each 
such Saturday, only at such places as may be designated by 
the chairman (who shall give ten days' notice of each exami- 
nation), publicly examine all persons proposing to teach in 
the common schools of the county (cities of the first and 
second class excepted) as to their competency to teach the 
branches prescribed by law ; said board shall open each sepa- 
rate package of questions not earlier than the hour specified 
thereon by the state superintendent, and shall give the candi- 
dates the questions at the hour specified for the beginning of 
the examination on that subject ; said board of examiners 
shall issue certificates, as by law provided, "to all such appli- 
cants as shall pass the required examination and satisfy the 
board as to their good moral character and ability to teach 
and govern schools successfully. 

Sec. 68. Examinations in Other Counties and at State Schools. 
[Laws 1905, ch. 391, sec. 2.] Applicants for any grade of 
county certificates for any county of the state may write in 
the examination given in any other county of the state, or, 
if students at the State University, State Agricultural Col- 
lege, or State Normal School or either of its auxiliaries, at 
an examination conducted by the presiding officer thereof , on 
the questions and under the laws and regulations for the 
county examination ; and the county examining board of any 
county, on receiving the papers, with a properly signed cer- 
tificate on a blank to be provided by the state superintend- 
ent, together with one dollar for the institute fund for each 
applicant, shall issue certificates as provided in case of regu- 
lar county examinations. 

Sec. 69. Special Examinations. [Laws 1905, ch. 391, sec. 
3.] Each county superintendent may, if he deems it neces- 
sary, conduct a special examination at the time of the closing 
of normal institutes in some other county or counties : Pro- 
vided, That the examination conform to the law in all other 
respects, including the questions prepared for that examina- 



CH. 3[ CERTIFICATES — COUNTY. 29 

tion, and it shall be the duty of the state superintendent to 
furnish these questions, if notified by the county superin- 
tendent ten days before the date of the examination that he 
has accepted fees from two or more candidates for that ex- 
amination. 

Sec. 70. Fees. [Laws 1905, ch. 391, sec. 4.] Each candi- 
date for the examination under the provisions of section 2 
and section 3 of this act shall pay a fee of one dollar for this 
examination if taken at a state educational institution, or two 
dollars if taken before a county examining board, one dollar 
of which shall go into the institute fund of the county in 
which the examination is written. 

Sec. 71. Uniform System of Examinations. [6233.] That 
the State Board of Education is hereby instructed to prepare 
a series of questions for each examination, to be used in each 
county of the state of Kansas for the examination of teachers ; 
and the state superintendent is hereby instructed to procure 
the printing of the same and distributing to the superintend- 
ents of the several counties in the state, as hereinafter pro- 
vided. (Laws lt85, ch. 180, set;. 1.) 

Sec. 72. Questions Sha'l be Forivarded. [6234.] The state 
superintendent shall forward all questions to the superin- 
tendents of the several counties in the state of Kansas : Pro- 
vided, That said questions shall be forwarded in time to reach 
their destination at least two days before required for use . 
A7)d provided further, That said questions shall not be opened 
except in the presence of a majority of the examining board 
on the day and hour of examinations.®* (Laws 1885, ch. 180, 
sec. 2.) 

Sec. 73. Unlawful Usf- of Examination Qutstions. [Laws 
1909, ch. 208, sec. 1.] It shall be unlawful for any person 
to sell or offer for sale, or buy or offer to buy, or to distribute, 
or have in his or her possession any printed or written ex- 
amination questions prepared for any examination to be held 
for the purpose of testing the qualifications of persons desir- 
ing to be admitted to the practice of any of the professions 
in this state in which it is required that such persons be ex- 
amined as to their qualifications, or any printed or written 
examination questions prepared for teachers' examinations 
for any of the schools of this state, or of any printed or writ- 
ten examination questions prepared for the final examination 
of any students in any of the higher institutions of learning 
of this state, desiring to graduate from said institutions, prior 
to the time of the holding of such examination. 

64. See section 67 of this book. 



30 CERTIFICATES — COUNTY. [CH. 3 

Sec. 74. Penalty for Unlawful Use of Examination Questions. 
[Laws 1909, ch. 208, sec. 2. J Any person selling or offering 
to sell, buying or offering to buy, distributing or having in 
his or her possession any such examination questions, con- 
trary to the provisions of section 1 of this act, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall 
be fined in a sum not less than twenty-five dollars nor more 
than one hundred dollars, or imprisoned in the county jail 
for not less than ten days nor more than six months. 

Sec. 75. Examiners Exempt. [Laws 1907, ch. 208, sec. 1.] 
The provisions of this act shall not be construed to prevent 
the proper officials or instructors whose duty it is to conduct 
the said examination, referred to in section 1 of this act, from 
having in their possession printed or written copies of such 
examination questions. 

Sec. 76. Grades of Certificates. [Laws 1907, ch. 341, sec. 1.] 
Certificates issued by county boards shall be of four grades, 
professional, first grade, second grade, and third grade, and 
shall continue in force in the order named for the respective 
periods of three years, three j^ears, two years, and one year." 

Sec. 77. Professional; to Whom Issued. [Laws 1907, ch. 
341, sec. 2.] Professional certificates shall certify that the 
person to whom issued is of good moral character, and pro- 
ficient in and fully qualified to teach orthography, reading, 
writing, English grammar, geography, arithmetic, history of 
Kansas, United States history, constitution of the United 
States, bookkeeping, physiology and hygiene, theory and 
practice of teaching, elements of physics, algebra, English 
literature, and general history, and shall not be issued to 
persons under twenty-one years of age, nor to such persons 
as have not taught successfully thirfcy-two school months :" 
Provided, That the person who receives a professional certifi- 
cate shall make a -general average of not less than ninety per 
cent., and in no case shall the person receive a professional 

55. Section 67 provides that the county board of examiners "shall pub- 
licly examine all persons proposing to teach . . . as to their competency 
to teach the branches prescribed by law. " Sections 201 and 84 indicate what 
branches shall be taught in the public schools. 

Carrying Grades. The law does not authorize the carrying of grades 
from one examination to another, except as provided for professional certifi- 
cates in section 77 of this book, nor the granting of any privileges pertaining 
to the examination as a reward for attending normal institutes. 

Certificate in Case of Joint District. In the case of a joint district, the 
certificate must be issued by the board of examiners of the county in which 
the largest amount of territory is found. 

56. This experience need not have been had in Kansas, nor in the public 
schools, but must be shown to the satisfaction of the board of examiners. 



Ch, 3] CERTIFICATES — COUNTY. 31 

certificate who shall fall below eighty-five per cent, in any- 
one branch : Provided, That any person who shall at any 
regular examination make a grade of ninety per cent, or 
more in any branch, the same shall be credited on a profes- 
sional certificate : Provided, That no grade shall be carried 
longer than two years," nor shall any grade be credited un- 
less the general average shall entitle the applicant to at least 
a third-grade certificate.^* Any person holding a professional 
certificate shall, upon the payment of a fee of one dollar, be 
entitled to a renewaP* of said professional certificate without 
examination : Provided, Said applicant shall not have re- 
mained out of service as a teacher in the public schools 
longer than two consecutive years, was a regular member 
and attended at least ninety per cent, of the time of one of 
the last three institutes preceding the renewal of said certifi- 
cate, was a regular and active member of the county teach- 
ers' associations, and shall be a regular subscriber to some 
standard educational journal, and shall perform such other 
professional work as the state or county superintendent shall 
direct. '''' 

Sec. 78. First Grade; to Whom Issued. [Laws 1903, ch. 
424, sec. 5.] Certificates of the first grade may be issued to 
persons of not less than nineteen years of age, who have 
taught successfully no less than twelve months, and who 
shall fully satisfy the board as to their ability to teach all the 
branches prescribed for a professional certificate except gen- 
eral history and elements of natural philosophy : Provided, 
That persons who receive first-grade certificates shall make a 
general average of not less than ninety per cent., and in no 
case shall a person receive a certificate of the first grade who 
shall fall below seventy per cent, in any one branch. 

57. An applicant lacking age and experience requirements for a profes- 
sional certificate may accumulate grades therefor, but a professional certifi- 
cate cannot be issued unless the person has met said requirements within 
two years from the date of the first credit of grades.; 

58. No grades can be carried toward a professional certificate from an 
examination in which the applicant fails. However, any holder of a valid 
county certificate may take one or more branches at any regular county ex- 
amination with a view of securing nineties to be credited toward a profes- 
sional certificate, but no nineties can be carried from any such examination 
unless the average of all branches taken by the applicant at that examina- 
tion is seventy-five per cent, or over. Seventy-five per cent, is the minimum 
average for a third-grade certificate. 

59. Professional certificates are renewable by the county superintendent 
for a period of three years, 

60. A professional certificate may be indorsed in another county and there- 
after may be renewed in that county. 



S2 CERTIFICATES — COUNTY. [CH. S 

Sec. 79. Second and Third Grades; to Whom Issued. [Laws 
1903, ch. 424, sec. 6.] Certificates of the second grade" may 
be issued to persons of not less than eighteen years of age, 
who have taught successfully not less than three school 
months, and who shall fully satisfy the board as to their 
ability to teach all the branches prescribed for first-grade cer- 
tificates except bookkeeping and literature : Provided, That 
persons who receive a second-grade certificate shall make a 
general average of not less than eighty per cent., and in no 
case shall a person receive a second-grade certificate who 
falls below sixty per cent, in any one branch : Provided 
further, That third-grade®^ certificates may be issued to per- 
sons not less than eighteen years of age, and who shall fully 
satisfy the board as to their ability to teach all the branches 
prescribed for second-grade certificates except algebra: Pro- 
vided, Persons who receive third-grade certificates shall make 
a general average of not less than seventy-five per cent., and 
in no case shall any person receive a third-grade certificate 
who makes less than sixty per cent, in any one branch : Pro- 
vided, That persons who are not less than sixteen years of 
age, and who have completed at least two years of high- 
school work, or its equivalent: And Provided, That teachers 
not of the age of eighteen years and holding third-grade cer- 
tificates at the time of the enactment of this act shall be en- 
titled to the benefits of this act. 

Sec. 80. Temporary Cer'ificate. [Laws 1907, ch. 342, sec. 
l.j That the county superintendent of any county in this 
state, upon request made in writing by such district board, 
is authorized to issue temporary teachers' certificates to any 
person not under eighteen years of age applying therefor, 
when in the judgment of such county superintendent the ap- 
plicant is a person of good moral character and possesses the 
necessary qualifications of a teacher : Provided, however, That 
such applicant make affidavit that he has not failed in the last 
preceding examination for teachers' certificates in any county 
in this state : A-nd provided further, That such' temporary cer- 
tificate, when issued, shall not be effective or in force from or 
after the next quarterly examination for teachers' certificates 
in the county wherein same was issued. ^^ 

Sec. 81. Issued on Examination. [Laws 1903, ch. 424, sec. 
7.] No certificate shall be issued by any county board or 

61. See section 82 of this book for validity in other counties, 

62. See section 82 of this book for validity in other counties. 

63. At the expiration of a temporary certificate another temporary cer- 
tificate cannot be issued. 



CH. 3] CERTIFICATES — COUNTY. 38 

county superintendent except upon examination as provided 
in this act : Provided, That county boards may renew pro- 
fessional certificates from year to year, as provided for in sec- 
tion 4 of this act," 

Sec. 82. County Ceriificatea, Where Valid. [Laws 1905, ch. 
393, sec. 1 . ] No certificate shall be of force except in the county 
in which it is issued : Provided, That the county superintend- 
ent may indorse®^ unexpired professional and first-grade, sec- 
ond- and third-grade certificates issued in other counties, on 
payment of the usual fee of one dollar, which certificate shall 
thereby be valid in the county in which such indorsement is 
made for the unexpired term of the certificate.*® A certificate 
issued under this act may be revoked by the board of exam- 
iners on the ground of immorality or for any cause that would 
have justified the withholding thereof when the same was 
granted. 

Sec. 83. Revocation.; Causes For. [Laws 1905, ch. 392, 
sec. 1.] Any certificate issued by the State Board of Educa- 
tion, regents of the State Normal School, county board of ex- 
aminers or city board of examiners may be revoked by the 
body issuing the same on the grounds of immorality, gross 
neglect of duty, annulling of written contracts with boards of 
education and district boards without the consent of a majority 
of the board which is a party to the contract, or for any cause 
that would have justified the withholding thereof when the 
same was granted. 

Sbo. 84. Examination of Teachers in Physiology and Hygiene. 
[6235.] No certificate shall be granted to any person to teach 
in any of the public schools of this state after the 1st day of 
•January, 1886, who has not passed a satisfactory examination 
in the elements of physiology and hygiene, with special refer- 
ence to the effects of alcohol stimulants and narcotics upon 
the human system ; and provision shall be made by the proper 
officers, committees and boards for instructing all pupils in 
each public school supported by public money and under state 
control upon the aforesaid topics. { Laws 1885, ch. 169, sec. 1.) 

Sec. 85. Examinations in Districts Employing Ten or More 
Teachers. — [Laws 1907, ch. 340, sec 1.] That in any com- 

64. Section 77 of this book. 

85. The indorsement of any county certificate is optional with the eoxmty 
superintendent. 

66 The indorsement of a certificate by a county superintendent in a 
county other than the one in which it was issued makes it a legal certificate 
in the county where indorsed until it expires by limit of date. A specified 
limitation accompanying the indorsement is of no effect. 



3'- CERTIFICATES — COUNTY. [CH. 3 

mon-school district employing ten or more teachers therein, 
the school board may appoint two competent persons, who, 
together with the superintendent of the school of such dis- 
trict, shall constitute an examining committee of such school 
board, whose duty it shall be to examine all persons who may 
apply to them as teachers ; and no person except one who 
holds a diploma or a certificate from the State Board of Edu- 
cation or a diploma from the State Normal School shall be 
elected by such board as a teacher who cannot produce a cer- 
tificate from the examining committee, and setting forth that 
such person is competent to teach in such department of said 
school as may be stated in the certificate and is a person of 
good moral character: And provided, That a person holding 
such state diploma, state certificate or State Normal School 
certificate or a certificate granted by the aforesaid examining 
committee shall not be required to take any county teachers' 
examinations. 



CH.4] 



COMPULSORY EDUCATION. 



35 



CHAPTER IV. — Compulsory Education. 



§ 86. Who must attend school ; liability of par- 
ents and guardians. 

87. Truant officers; appointment; duty. 

88. Incorrig-ible pupils. 

89. Compensation of truant officers. 



3 90. Teachers and school officers to report. 

91. Annual school census. 

92. Deaf, mute and blind must be educated. 

93. Penalty. 

94. Education of childen in asylums. 



Section 86. Who Must Attend Schools; Liability of Parents 
and Guardians. [Laws 1903, eh. 423, sec. l.J Every parent, 
guardian or other person in the state of Kansas having con- 
trol or charge of any child or children between the ages of 
eight and fifteen years, ''^ inclusive, shall be required to send 
such child or children to a public school, or a private, de- 
nominational or parochial school ^^ taught by a competent^^ in- 
structor, each school year, for such period as said school is in 
session : Provided, That any child of the age of fourteen years 
or more who is able to read and write the English language, ^^ 
and who is actively and regularly employed"^ for his own sup- 
port or for the support of those dependent upon him, shall 
not be required to attend the aforesaid schools for a longer 
period or term than eight consecutive weeks in any one year : 
Provided, That any and all children that have received a cer- 
tificate of graduation from the common schools of any county 
or certificate of admission to a high school in any city in the 
state of Kansas shall be exempt from the provisions of this 
act : Provided, That the children who are physically or men- 
tally incapacitated for the work of common schools are ex- 
empt from the provisions of this act, but the school authorities 
shall have the right,™ and they are hereby authorized, when 
such exemption under the provisions of this act is claimed by 
any parent, guardian or other person in the control or charge 
of such child or children, to cause an examination of such 
child or children by a physician or physicians employed for 
such purpose by such authorities,^^ and if such physician or 

67. The ages are from the eighth birthday to the fifteenth birthday, 

68. The parent or guardian may determine the particular kind of a school 
which the child shall attend. Attendance at a night school does not afford 
sufficient time to become a substitute for attendance upon a day school. 
This state requires that instructors in such schools be competent; a teacher 
may be competent without being the holder of a teacher's certificate. For 
exclusion on account of a contagious disease, see section 205. 

69. He must be able to read and write the English language, and alsd'Joe 
actively and regularly employed as stated in the law. % 

70. It is entirely within the province of school authorities to determine 
the validity of the claim for exemption. ;5 

71. The school boards should pay the expense of the examination by the 
physician. 



36 COMPULSORY EDUCATION. [CH. 4 

physicians hold that such child or children are capable of 
doing the work in the common schools, then such child or 
children shall not be exempt from the provisions of this act. 
Sec. 87. Truant Officers; Appointment; Duty. [Laws 1907, 
ch. 317, sec. 2.] The county superintendents of public instruc- 
tion shall divide their respective counties, exclusive of all cities 
of the first and second class therein, into not less than one 
nor more than five truant districts, and the board of county 
commissioners shall, upon the nomination of the county su- 
perintendents of public instruction of their respective coun- 
ties, appoint a truant officer for each district thus created, who 
shall hold his office at the will of the county superintendent 
of public instruction ; and the boards of education of all cities 
of the first and second class,respectively, shall, independently 
and originally, appoint the truant officers or officer of their re- 
spective cities, to serve at the pleasure of the appointing board. 
Each truant officer, in his respective district, shall see that the 
provisions of this act are complied with,'^ and when from 
personal knowledge, or by report, or complaint of any resident 
or teacher of the district under his supervision, or from any 
information, he believes that any child subject to the provi- 
sions of this act is habitually absent from any school which 
it should or has been accustomed to attend, or has been as- 
signed to attend by order of the directors of any country dis- 
trict, or by the classification, transfer, or order of the board 
of education or superintendent of schools of any city of the 
first or second class, for a period of three or more consecutive 
days, unless excused under the provisions of section 1 of this 
act, he shall immediately give written notice^' to the parent, 
guardian or other person having control or charge of such 
child, or, in the absence of such parent, guardian or other 
person having control or charge from his or her usual place 
of residence, shall leave a copy of such notice with some person 
over twelve years of age residing at the said usual place of 
residence, with instructions to hand said notice to said parent, 
guardian or other person having control or charge of such 
child, which notice shall require the attendance of said child 
at said school within five days from date of same ; and if within 
five days from the date of said notice such parent, guardian 
or other person having control or charge of such child does 
not comply with the provisions of this act, then such truant 

72. The truant officer is under the direction and supervision of the county 
superintendent. 

73. Formal written notice is required, and the notice is final for th« 
term. Notice by registered letter where delivery is prompt, or by special 
delivery where it can be used, is a legal notice if delivery can be proved. 



CH. 4] COMPULSORY EDUCATION. 37 

officer shall make complaint in the name of the state of Kan- 
sas against such parent, guardian or other person having con- 
trol or charge of such child in the juvenile court or other court 
of competent jurisdiction of such county, which court is hereby 
clothed with jurisdiction over all offenders and proceedings 
under this act, with full power to try and hear all complaints, 
impose fines, enforce their collection by distress or imprison- 
ment, and to fully execute the provisions of this act. It shall 
be unlawful for any merchant, company, or other party, with- 
out the written permit of the board of directors of any country 
district, or of the board of education of any city of the first or 
second class, to employ any child therein, between the ages of 
eight and fifteen years, during the sessions of the school term 
or year, unless such child is exempt from attendance under 
the provisions of section 1 : Provided, That the board of direct- 
ors of any country district or the board of education of any 
city of the first or second class shall have authority, in the 
exercise of a sound discretion, to permit temporary absences 
of children from school, between the ages of eight and four- 
teen years, in extreme cases of emergency or domestic neces- 
sity. Any parent, guardian or other person having control 
or charge of such child delinquent in school attendance, and 
any merchant, company or other party unlawfully employing 
such child, upon conviction of the violation of any provision 
of this act, or of the act of which this is amendatory, shall 
be adjudged guilty of a misdemeanor, and shall be fined in a 
sum not less than five dollars nor more than twenty-five dol- 
lars for each offense, and be committed to the county jail till 
same is paid ; all fines collected shall be paid into the county 
treasury for the support of the common schools. It shall be 
the duty of all county attorneys, for country districts, in their 
respective counties, and of all city attorneys, in their respec- 
tive cities, to prosecute all complaints filed and actions brought 
under this act or under the provisions of the act of which this 
is amendatory. 

Sec. 88. Incorrigible Pupils. [Laws 1903, ch. 423, sec. 3.] 
In case any pupil becomes an habitual truant, or becomes a 
menace to the best interests of the school which he is attend- 
ing,'* then it shall be the duty of the truant officer to report 
said facts and conditions to the parent or guardian of said 
child. The parents shall be held liable under the provisions 
of this act for the regular attendance and good conduct of 
said child, unless said parent or guardian shall state in writ- 
ing to said truant officer that said child is beyond the control 

74. Repeated and wilful disobedience of the rules of school is a menace 
to the best interests of the school. 



38 COMPULSORY EDUCATION. [CH. 4 

of said parent or guardian. Then it shall be the duty of the 
truant officer to proceed against said pupil under the provi- 
sions of the law governing juvenile disorderly persons. Cities 
of the first and second class will each constitute a separate 
district for the administration of this act, and the truant offi- 
cer or officers of such cities shall be appointed by the respect- 
ive boards of education of said cities : Provided, That there 
shall be in such cities but one truant officer for each 10,000 
children, according to the school enumeration : Provided 
further, That no city shall have more than five truant offi- 
cers. The truant officers^^ of cities shall enforce the provi- 
sions of this act in the manner and under such penalties as are 
prescribed by section 2^^ of this act. 

Sec. 89. Compensation of Truant Officers. [Laws 1903, ch. 
423, sec. 4.] The truant officers provided for in this act who 
are appointed by the board of county commissioners shall re- 
ceive from the county treasury two dollars for each day for 
actual service. ^^ The truant officers provided for in this act 
who are appointed by the board of education of any city of 
the first or second class shall receive from the treasury of 
such board of education two dollars for each day for actual 
service. Such truant officers shall be paid by the respective 
counties''^ or board of education in the same manner as other 
employees are paid : Provided, That no warrant shall be is- 
sued either on the county treasurer or the treasurer of the 
board of education for such services until the truant officer 
shall have filed an itemized statement of the time employed 
in such service, and such statement shall have been certified 
to by the county superintendent of public instruction or by 
the clerk of the board of education in the city in which such 
truant officer is employed : Provided further, That no truant 
officer shall receive pay for more days' service during any 
one year than the number of days the school is in session 
that year. 

Sec. 90, Teachers and School Officers to Report. [Laws 1908, 
ch. 423, sec. 5] All school officers are hereby required to 

75. Truant officers of cities of the first and second class are under the su- 
pervision of their respective boards of education or the city superintendent, 
who is the board's executive officer. 

76. Section 87 of this book. 

77. The truant officer may be appointed probation officer of the juvenile 
court, as provided in section 269. 

"78. When the county superintendent has approved the bill of the truant 
officer, the county commissioners (or auditor) of the county have no option 
but to order payment of same. Truant officers are not entitled to pay for 
traveling expenses. They are entitled to pay for a reasonable amount of 
office work in connection with their regular duties. 



CH. 4] COMPULSORY EDUCATION. 39 

make and furnish all reports that may be required by the 
county superintendent of public instruction or by the board 
of education of any city of the first and second class with 
reference to the workings of this act. Every teacher em- 
ployed in the public schools in the state of Kansas is hereby 
required, before receiving each month's salary, to make a re- 
port to the county superintendent of public instruction or to 
the superintendent of the city in which he may be employed, 
showing the names and addresses of all pupils who have been 
truant or habitually absent from school during the previous 
month, and stating reasons for such truancy or habitual ab- 
sence in each case, if known. All such cases of truancy so 
reported shall be brought to the notice of the proper truant 
officer by the county superintendent of public instruction or 
by the superintendent of the city by which he is employed. 

Sec. 91. Annual School Census. [Laws 1903, ch. 423, sec. 6.] 
In order that the provisions of this act may be more definitely 
enforced, it is hereby provided that the enumerators^' of school 
children, in taking their annual school census, shall ascertain 
and record the name, place ^^ and date of birth of every child 
enumerated, and the parent, guardian or persons having 
charge or control of such child shall subscribe and take oath 
or affirmation that such record is true. The enumerator is 
hereby empowered to administer such oath or affirmation ; 
and any parent, guardian or person having charge or control 
of any child who shall refuse to take such oath or afiirmation 
shall be adjudged guilty of misdemeanor, and upon convic- 
tion therof shall be fined in any sum not less than one nor 
more than ten dollars. 

Sec. 92. Deof, Mute, and Blind ; Education Required. [Laws 
1905, ch. 384, sec. 1.] That every parent, guardian, com- 
pany, corporation, association, person or persons within the 
state of Kansas having control or charge of any deaf, dumb 
or blind child or person between the ages of seven and 
twenty-one years, inclusive, shall be required to send 
such child or person to some suitable school where deaf 
and blind are taught and educated. The instruction given 
the deaf shall be conducted either orally or by sign method, 
or both, for a period of at least five months in each year: 
Provid'^d, That this will not apply to such child or person 
where skilled private instruction is given for the same length 
of time each year. It shall be the duty of the truant ofiicer 

79. In all districts under the supervision of the county superintendent the 
district clerk is the enumerator. 

80. Address at the date of census. 



40 COMPULSORY EDUCATION. [CH. 4 

provided in section 2, Laws of 1903, to enforce the provisions 
of this act, the same as provided for the enforcement of chap- 
ter 423, Laws of 1903. 

Sec. 93. Penalty. [Laws 1905, ch. 384, sec. 2.] Any par- 
ent, guardian, company, corporation, association, member of 
any company, corporation, or association, person or persons 
who shall violate any of the provisions of this act shall be 
deemed guilty of a misdemeanor, and on conviction thereof 
shall be adjudged to pay a fine in any sum not to exceed 1 100. 

Sec. 94. Education of Children in Asylums. [Laws 1905, 
ch. 385, sec. 1.] Whenever it shall be necessary and practi- 
cable, poor children of the asylums who cannot be bound out, 
or whom it may not be expedient to bind out, shall be educa- 
ted thereat, or at the schools of the district in which such 
asylum may be situated, or in some adjacent district, and 
the board of county commissioners of any such county may 
arrange with such school district or districts for the educa- 
tion of such children and allow a reasonable tuition fee there- 
for. 



CH. 5] CHILD LABOR. 41 



CHAPTER V. -Child Labor. 

S 95. Employment of children under fourteen, i § 98. Duties of inspectors. 

96. Employment of children under sixteen. 99. Penalty. 

97. CertiiScate of age required. I 

Skction95. Employracnt of Children Under Fourtf en. [Laws 
1909, ch. 65, sec. 1] No child under fourteen years of age 
shall be at any time employed, permitted or sufifered to work 
in, or in connection with, any factory, workshop not owned 
or operated by the parent or parents of the said child, theater 
or packing-house, or operating elevators, or in or about any 
mine. It shall be unlawful for any person, firm or corpora- 
tion to employ any child under fourteen years of age in any 
business or service whatever during the hours in which the 
public school is in session in the district in which said child 
resides. 

Sec. 96. Employment of Children Under Sixteen. [Laws 
1909, ch. 65, sec. 2 ] It shall be unlawful for children under 
sixteen years of age, who are employed in the several voca- 
tions mentioned in this act, or in the distribution or trans- 
mission of merchandise or messages, to be employed before 
seven o'clock a. m. or after six o'clock p. m., or more than 
eight hours in any one calendar day, or more than forty-eight 
hours in any one week. No person under sixteen years of 
age shall be employed at any occupation nor at any place 
dangerous or injurious to life, limb, health or morals. 

Sec. 97. Cert'ifcate of Age Required. [Laws 1909, ch. 65, 
sec. 3.] All persons, firms or corporations employing chil- 
dren in any of the vocations mentioned in this act under six- 
teen years of age shall be required to first obtain a certificate 
of the age of such children, based upon the school census 
records, the same to be secured where possible from the 
school superintendent, principal or teacher of the school or 
other person authorized by the school board to have charge 
of the school census records in the district or city wherein 
such children reside. Said certificate shall be issued without 
charge, and shall be substantially in the following form : 
, , Kan., 

city county date 

This certifies that , according to the records of the 

full name 

school census and from all knowledge that I can obtain, was bom 

day 

, , at , in county, state of 

month year 

, and is now years and month of age. His 



42 CHILD LABOR. [CH. 5 
(or her) height is „ , weight , 

tall— short— medium heavy— light — medium, 

complexion , hair , eyes , and he resides at 

fair or dark color color 

No , street. (Signature) 

of school or district No 

official school position name of school 

When said child's name and age does not appear on the 
school census enumeration of said city or district, then said 
firm, person or corporation employing such child shall secure 
an affidavit from the parent or legal guardian of such child, 
which statement shall contain the facts aad data as set forth 
in the above certificate, and shall be certified on oath before 
some ofiicer authorized to administer oaths. Such certificate 
or affidavit shall be sufficient protection to the employer of 
any child as to the age of such child, except when such em- 
ployer has actual knowledge of the falsity of such certificate, 
and all such certificates shall be kept constantly on file in a 
convenient place, and shall at all times be open to inspection 
of the proper authorities, as provided in this act. 

Sec. 98. Duties of Inspectors. [Laws 1909, ch. 65, sec, 4.] 
It shall be the duty of the state factory inspector, state in- 
spector of mines and their deputies to inspect the certificates 
hereinabove provided for, to examine cnildren employed in 
factories, workshops, theaters, elevators, packing-houses and 
mines and the vocations mentioned in section 2 of this act as 
to their age, and to file complaints in any court of competent 
jurisdiction to enforce the provisions of this act, and it shall 
be the duty of the county attorney of the proper county to 
appear and prosecute all complaints so filed. 

Sec. 99. Penalty. [Laws 1909, ch. 65, sec. 5.] Any person, 
firm or corporation employing any person or child in viola- 
tion of any provisions of this act, or permitting or conniving 
at such violation, shall be deemed guilty of a misdemeanor, 
and upon conviction thereof shall be fined in a sum not less 
than twenty-five dollars nor more than one hundred dollars, 
or by imprisonment in the county jail not less than tTiirty 
days nor more than ninety days. 



CH. 6] 



COUNTY SUPERINTENDENT. 



43 



100. 


Qualification. 


§121. 


101. 


Term of office. 


122. 


102. 


Official oath and bond. 




103. 


General duties ; quarterly report to 


123. 




state superintendent. 


124. 


104. 


Apportionment of state and county 






school funds. 


125. 


105. 


Report school-district boundaries to 


126. 




county clerk. 


127. 


106. 


Annual report to state superintendent. 


128. 


107. 


Compensation, how determined. 


129. 


108. 


Traveling expenses. 


130. 


109. 


Miscellaneous expenses. 


131. 


110. 


Vacancy in board of directors of 


132. 




school district, how filled. 


133. 


111. 


Vacancy in office of county superin- 
tendent, how filled. 


134. 


112. 


Superintendent shall require clerks' 


135. 




reports to be made promptly and cor- 


136. 




rectly. 




113. 


Power to administer oaths, in what 


137. 




cases. 


138. 


114. 


Purchase of records for school dis- 


139. 




tricts. 


140. 


115. 


Duty in forming and changing school 


141. 




districts. 


142. 


116. 


Aggrieved persons. 


143. 


117. 


Notice of forming school district and 


144. 




of first meeting, how made. 


145. 


118. 


Division of property. 




119. 


Depopulated school district; indebted- 
ness, how paid. 


146. 


120. 


County treasurer shall pay orders. 


147. 



CHAPTER VI. — County Superintendent. 

Superintendent may disorganize. 

When district shall be considered de- 
populated. 

Partially depopulated districts. 

Partially depopulated districts; defini- 
tion. 

Petition. 

County superintendent may attach. 

Floating indebtedness. 

Orders paid by county treasurer. 

Disposition of funds. 

Disposition of property. 

Territory not liable. 

Annexation of school districts. 

Division of districts annexed. 

Temporary consolidation of districts by 
county superintendent. 

Conveyance of pupils. 

How permanently to disorganize and 
consolidate. 

Transporting scholars. 

County superintendent to be notified. 

Record boundaries. 

Property of districts. 

Annual meeting. 

Name. 

Powers and duties of district board. 

Shall furnish map to assessor. 

Other duties ; delivery of records of 
office. 

Neglect or refusal to perform duty; 
prosecution of same. 

Duty as agent of Orphans' Home. 

Section 100. Qaalijication. [Laws 1907, ch. 167, sec. 1.] 
That a person to be elgible to the office of county superintend- 
ent of public instruction must hold a professional certificate^ 
first-grade certificate, or a state certificate, or be a graduate 
of an accredited college or normal school, and must have 
taught at least eighteen months : Providtd, That this act shall 
not apply to any person now holding the office of county 
superintendent or to any person who is now a county superin- 
tendent elect. 

Skc. 101. Term of Office. [6097.] The term of office of the 
county superintendent of public instruction shall begin on 
the second Monday of May of each odd year, beginning with 
the year a. d. 1901. (Laws 1899, ch. 244, sec. 1.) 

Sec. 102. Oath avd Bond. [6100.] The county superin- 
tendent of public instruction shall, before he enters upon the 
duties of his office, take and subscribe an oath or affirmation 
to support the constitution of the United States and of the 
state of Kansas, to faithfully discharge the duties of said 
office, and execute to the state of Kansas a bond in the sum 
of $1000, conditioned to the faithful performance of his official 
duties; which bond, after having been approved by the 
board of county commissioners, together with his official 



44 COUNTY SUPERINTENDENT. [CH. 6 

oath, shall be filed in the oflSce of the county clerk. (Laws 
1881, ch. 152, sec. 1.) 

Sec. 103. General Duties. [6101.] It shall be the duty of 
the county superintendent of public instruction to visit each 
school in his county at least once each term of six months,*^ 
correcting any deficiency that may exist in the government 
of the school,*^ the classification of the pupils, or the methods 
of instruction in the several branches taught; to make such 
suggestions in private to the teachers as he shall deem proper 
and necessary to the welfare of the school ; to note the char- 
acter and condition of the schoolhouse, furniture, apparatus, 
and grounds, and make a report in writing to the district 
board, making such suggestions as in his opinion shall im- 
prove the same ; to examine the accounts and record-books 
of the district officers, and see that they are kept as required 
by law ; to encourage the formation of associations of teach- 
ers and educators for mutual improvement, and, as far as 
possible, to attend the meetings of such associations, and par- 
ticipate in the exercises of the same ; to attend the normal 
held in his county, using his influence to secure the attend- 
ance of teachers ; to make daily a personal inspection of the 
work of the institute in session, and keep a record of the 
same in his oflfice, and do such work in connection with the 
exercises of the institute as he may deem neccessary f^ to hold 
a public meeting in each school district of his county at least 
once every year, for the purpose of discussing school ques- 
tions and elevating the standard of education ; to keep his 
office open at the county-seat, Saturday of each week, and in 
counties in which the superintendent receives a salary of 
more than $600 per annum, he shall keep his oflBce open when 
not necessarily absent attending to his official duties.^* He shall 
keep a complete record of his official acts ; a record of the name , 
age and post-office address of each candidate for a teacher's cer- 
tificate, with the number of weeks said candidate has attended 
a normal school or institute, the number of weeks he has 

81. "At least once each term of six months" is held to mean at least 
once each half year. 

82. The power to correct deficiencies in government, classification and 
methods of instruction implies a direct responsibility of the teacher to the 
superintendent. The language of the law is clearly intended to establish 
this relation somewhat as it exists in city schools. Failure to pay reasonable 
attention to the suggestions of the county superintendent in these matters 
is held to be sufficient ground for withholding the teacher's certificate. 

^83. The county superintendent cannot receive compensation for work in 
connection with the normal institute. 

84. The provisions of this section require the entire time of every county 
superintendent receiving a salary of over $600. 



CH. 6] COUNTY SUPERINTENDENT. 45 

taught, his standing in each study, and the date of issue and 
expiration of each certificate granted. He shall keep a reg- 
ister of the teachers employed in his couaty, giving name of 
teacher, number of the district in which he is employed, 
dates of opening and closing term, salary per month, grade 
of certificate, and date of superintendent's visit. He shall 
keep a record of the semiannual apportionments of the state 
and county school funds, and such other statistical records 
as shall be required in making reports to the state superin- 
tendent of public instruction. He shall make out and trans- 
mit to the state superintendent, on the last Monday of March, 
June, September and December of each year, a report, show- 
ing the number of school visits made, with the average length 
of time spent in such visits ; the number of consultations held 
with school officers ; the number of days his office has been 
kept open ; the number of district treasurers' and clerks' 
record-books examined ; the number of teachers' meetings 
attended ; the number of public lectures delivered ; and such 
other information as the state superintendent may require 
regarding the duties of such county superintendent ; and 
until such report shall have been forwarded to the state su- 
perintendent, and a copy thereof filed with the county clerk 
for publication, and that fact certified by the said county 
superintendent to the board of county commissioners, the 
warrant for his salary shall not be drawn. The county su- 
perintendent shall obtain from the county clerk, at least ten 
days before the time for holding the annual school meeting 
each year, a certified statement of the total assessed valuation 
of the property in each school district in his county, and im- 
mediately certify the same to the several school-district clerks 
of his county, for the information of the annual school meet- 
ing ; and it is hereby made the duty of said county clerk to 
make out said certified statement, and deliver the same to 
the county superintendent. (Laws 1881, ch. 152, sec. 2.) 

Skc. 104. Apportionment of School Funds. [6102.] Within 
five days after receiving the certificate of the state superin- 
tendent of public instruction, informing him of the amount 
of state school fund which has been apportioned to his county, 
the county superintendent shall apportion the same, together 
with the unapportioned county school fund in the county 
treasury, among the school districts and parts of districts in 
such county, in the ratio of the number of persons of school 
age residing in each district or part of district, as shown by 
the last annual reports of the several clerks of such districts 



46 COUNTY SUPERINTENDENT. [CH. 6 

and parts of districts :^^ Provided, That no district in which 
a common school has not been taught at least three months 
the last preceding school year shall be entitled to receive any 
portion of either of said funds ;*® and he shall draw his order 
on the county treasurer in favor of each of the several school- 
district treasurers for the amount apportioned to such dis- 
trict. (Laws 1881, ch. 152, sec. 3.) 

Sec. 105. School-district Boundaries. [6103.] The county 
superintendent is hereby required to furnish the county clerk 
with a description of the boundary of each school district, on 
or before the last Monday in May of each year. (Laws 1887, 
ch. 219, sec. 1.) 

Sec. 106, Annual Report. [6104.] He shall, on or before 
the 15th of October of each year, make out and transmit in 
writing to the state superintendent of public instruction a re- 
port bearing date October 1, containing a statement of the 
number of school districts" or parts of districts in the county, 
and the number of children and their sex, resident in each, 
over the age of five and under the age of twenty-one years ;^ 

85. A district that refuses or neglects to take the census according to law 
forfeits its right to a share of the annual school fund. 

86. A district must not only have had a common school taught at least 
three months during the school year ending June 30, but it must also have 
made through its district clerk the requisite annual report for the school 
year in time to be included in the annual report of the county superintend- 
ent, or the county superintendent cannot legally apportion to the district a 
share of the next ensuing February and August dividends of the state and 
county school funds. In apportioning these funds, the county superintend- 
ent must be governed not only by the proviso regarding the length of school 
term, but also by the number of children of school age residing in the sev- 
eral districts of the county, "as the same shall appear from the last annual 
reports of the clerks of the respective districts." For purposes of apportion- 
ment, it is only from the annual report of a clerk of a district that a county 
superintendent can legally know the number of children of school age resid- 
ing in the district. 

In the case of the organization of a school district out of a part of the 
territory of another which is entitled to a portion of the state and county 
school funds, the newly formed district should be apportioned its just share 
of the funds to which the original district would have been entitled. If the 
division of the district was made before the time of making the annual re- 
port, the report of the new district should show the number of children resi- 
dent of the territory detached from the old district, so that this apportionment 
may be made upon official returns. If the new district was organized after 
the time of making the annual report, the officers of the former district 
should be directed to pay to the treasurer of the new district that portion of 
the funds to which the children residing upon the detached territory entitle 
said district. 

87. Joint districts are reported by the superintendent under whose super- 
vision the districts are. 

88. The annual reports of county superintendents constitute the basis upon 
which the state superintendent disburses the semiannual dividends to the 
several counties. If any county superintendent, therefore, fails to make his 
annual report, as required by law, the county loses its share of the state school 
fund, and the county superintendent becomes responsible to the county for 
the amount. 



CH. 6] COUNTY SUPERINTENDENT. 47 

a statement of the number of district schools in the county, 
the length of time a school has been taught in each, the 
number of scholars attending the same, their sex, the branches 
taught and the text-books used, the number of teachers em- 
ployed in the same, and their sex ; a statement of the number 
of private or select schools in the county, so far as the same 
can be ascertained, and the number of teachers employed in 
the same, their sex, and the branches taught ; a statement of 
the number of graded schools in the county, the length of time 
school has been taught in each, and the number of scholars 
attending the same, their sex, and the branches taught, the 
number of teachers employed in the same, and their sex ; a 
statement of the condition of the normal school, where such 
school has been established, the number of students attend- 
ing the same, their sex, and the number of teachers employed 
in the same, and their sex ; a statement of the county normal 
institute ; a statement of the number of academies and col- 
leges in the county, and the number of students attending 
the same, and their sex, the number of teachers employed in 
each, and their sex ; a statement of the amount of public 
money received in each district or parts of districts, and what 
portion of the same, if any, has been appropriated to the 
support of graded schools ; a statement of the amount of 
money raised in each district by tax and paid for teachers' 
wages, in addition to the public money paid therefor; the 
amount of money raised by tax or otherwise for the purpose 
of purchasing school site, for building, hiring, purchasing, 
repairing, furnishing or insuring such schoolhouse, or for 
any other purpose allowed by law, in the district or parts of 
districts. (Laws 1881, ch. 152, sec. 5.) 

Sec. 107. Compensation. [Laws 1905, ch. 229, sec. l.J 
The county superintendents of public instruction of the sev- 
eral counties of the state shall be allowed by the board of 
county commissioners of their respective counties, as full 
compensation for their services for the county, the following 
salaries, to be paid out of the county treasury in quarterly 
instalments : In counties having a school population**' of less 
than 1000, the county superintendent shall receive, for each 
day actually and necessarily employed in the discharge of 
the duties of his office, the sum of three dollars per day, for 
a number of days not to exceed 180 in any one year ; in coun- 
ties having a school population of 1000 and not more than 

89. " School population " is held to mean the enumeration taken annually 
by school-district clerks for the annual report. Such enumeration for each 
year should constitute the basis for the superintendent's salary for the next 
year, beginning second Monday of May. 



48 COUNTY SUPERINTENDENT. [CH. 6 

]200, [he] shall receive $600 per annum; in counties hav- 
ing a school population of from 1200 to 1500, he shall receive 
|700 per annum ; and in counties containing more than 1500 
persons of school age, he shall receive $700, and $20 per an- 
num for each additional 100 such persons : Provided, That no 
county superintendent shall receive to exceed $1000 per an- 
num, and that in determining the salaries of the county su- 
perintendent the school population of cities of the first and 
second class shall not be included in the territory attached 
for school purposes : Provided further, That in counties hav- 
ing more than 100 school-teachers employed, exclusive of 
those employed in cities of the first and second class, the 
county commissioners of said county shall add to the salary 
of $1000 per annum the sum of $200 per annum : Be it 
further provided. That if the county superintendent fail to 
spend at least one hour in each school in the county during 
the year, so as to observe for at least one hour the work of 
each teacher under his supervision, the county commission- 
ers shall deduct from the last quarterly instalment of his 
salary the sum of five dollars for each such delinquency;* 
Provided, This act shall not apply to counties having a spe- 
cial act fixing the compensation of county superintendent of 
public instruction. 

Sec. 108. Traveling Expenses. [6106,] That the county 
superintendents of the several counties in the state of Kan- 
sas shall receive the sum of one dollar per school per annum 
as traveling expenses in visiting said schools : Provided, In 
no case shall any county superintendent receive traveling ex- 
penses for schools not visited. (Laws 1901, ch. 191, sec. 1.) 

Sec. 109. Miscellaneous Expenses. [6106 ] He shall also 
be entitled to all money actually expended for stationery, 
postage, feight, and express. All money paid out of the 
county treasury for this purpose shall be out of the general 
fund of the county. (Laws 1901, ch. 191, sec. 2.) 

Sec. 110. Vacancy in Board. [6107.] Should a vacancy 
occur in the board of directors of any school district, it shall 
be the duty of the county superintendent to appoint some 
suitable person, a resident of the district, to fill the same, 
and the person so appointed shall continue in office until the 
next annual meeting thereafter, and until his successor is 
elected and qualified. (Laws 1881, ch. 152, sec. 7.) 

Sec. 1 1 1 . Vacancy in Office of County Superinteytdent. [61 08. ] 
When a vacancy'occurs in the office of county superintendent 

90. In counties having a population of more than 65,000 the salary shall 
be $1800, paid as above stated. [6105.] (Laws 1901, ch. 191, sec. 1.) 



CH. 6] COUNTY SUPERINTENDENT. 49 

of public instructio-a, by death, resignation, or otherwise, no- 
tice thereof shall be given by the county clerk to the board 
of county commissioners, who shall, as soon as practicable, 
appoint some suitable person to fill the vacancy ; and the 
person receiving such appointment shall, before entering 
upon the discharge of the duties of the ojffice, file his oath or 
aflBrmation and bond in the county clerk's office, as herein- 
before pro.vided, and shall hold his office until his successor 
is elected and qualified. (Laws 1881, ch. 152, sec. 8.) 

Sec. 112. Clerks' Reports. [6109.] He shall see that the 
annual reports of the clerks of the several school districts and 
parts of districts in his county are made correctly and in due 
time. (Laws 1881, ch. 152, sec. 9.) 

Sec. 113. Oaths. [6110.] County superintendents shall 
have power to administer oaths in all cases in which an oath 
is made necessary by any provision of the school law, except 
in the qualifying of county superintendents and their sureties. 
.(Laws 1881, ch. 152, sec. 10.) 

Sec. 114. Purchase of Records. [6111.] The county super- 
intendent of public instruction of the respective counties in 
this state may purchase, for each organized school district in 
his county not having sufficient records, one set of school- 
district records, consisting of district clerk's records and order- 
books, district treasurer's book, and a teacher's daily register. 
Each of said books shall contain such printed forms and in- 
structions as will enable the teacher and the school-district 
officers to perform with correctness and accuracy their several 
duties as required by law : Provided, The entire set of said 
records as above enumerated shall not exceed in cost four dol- 
lars for each set ; and the said superintendent shall draw his 
order or warrant on the county treasurer in favor of the per- 
son he purchases said books of, for the amount of the pur- 
chase-money, and it is hereby made the duty of said county 
treasurer to pay said warrant or order out of any money in 
his hands belonging to the respective districts in his county : 
Provided, That no funds in the hands of the county treasurer 
belonging to the several school districts in his county shall 
be diverted from the object for which said fund was raised ; 
and the said superintendent shall deliver the said books to the 
district board of each district. (Laws 1881, ch. 152, sec. 11.) 

Skc. 115. Forming and Changing Districfs.^^ [Laws 1907, 
ch. 329, sec. 1.] It shall be the duty of the county superin- 

91. The fact that the district boundary has been changed by legislative 
act or a district disorganized by legislative act in no respect modifies the 
power of the county superintendent as conferred by this section. 

-2* 



50 COUNTY SUPERINTENDENT. [CH. 6 

tendent of public instruction to divide the county into a 
convenient number of school districts, and to change such 
districts when the interests of the inhabitants thereof require 
it,"^ but only after twenty days' notice thereof, by written 
notices posted in at least five public places in the district to 
be changed ; but no new school district shall be formed con- 
taining less than fifteen persons of school age,^^ no district 
shall be so changed as to reduce its school population to less 
than fifteen, and none having a bonded indebtedness shall be 
so reduced in territory that such indebtedness shall exceed 
five per cent, of their assessed property valuation :^* Provided, 
That any person interested may appeal to the board of county 
commissioners from the action of the county superintendent : 
A7td provided further, That the restrictions as to school popu- 
lation and assessed valuations of this section shall not pre- 
vent desirable changes in school-district boundaries when the 
proposed alteration of boundaries is approved by the board of 
county commissioners. The county superintendent shall 
number school districts when they are formed ; and he shall 
keep in a book for that purpose a description of the bounda- 
ries of each school district and part of district in his county, 
with plat of the same, date of organization, date and full 
record of all changes of boundaries, and a list of district offi- 
cers in his county, the date of election or appointment, and 
the time the term of each is to expire. 

Sec. 116. Aggrieved Persons. [6121.] If in the formation 
or alteration of j or refusal to form or alter school districts, 
any person or persons shall feel aggrieved, such person or 
persons may appeal to the board of county commissioners, 
who shall confer with the countv superintendent, and their 
action shall be final : Provided, That notice of such appeaP^ 



92. It is very desirable that the people concerned should be consulted, 
and the arguments on both sides carefully considered, before making im- 
portant changes. After a district has issued bonds to build or purchase a 
schoolhouse, alterations should be discouraged until the bonds are paid, ex- 
cept in cases where imperative necessity demands a_^change. The object 
should be to establish strong and permanent districts. 

93., New districts cannot be formed with less than fifteen persons of 
school age. 

94. The territory that comprised a school district at the time of the crea- 
tion of the bonded indebtedness is the territory liable to pay the bonds, re- 
gardless of disorganization, consolidation or changing of boundaries. Terri- 
tory attached to a district is not hable to pay the bonded indebtedness of 
that district prior to the attachment of the territory. Detachment of terri- 
tory does not increase bonded indebtedness as is intimated. 

95. No appeal can be made to the county commissioners unless the 
county superintendent posts notices of the formation or alteration of a 
school district. 



CH. 6] COUNTY SUPERINTENDENT. 51 

shall be served on the county superintendent within ten days 
of the time of posting of the notices of the formation or al- 
teration of such district ; such notice shall be in writing, and 
shall state fully the objections to the action of the county su- 
perintendent, a copy of which shall be filed with the county 
clerk, and also with the clerks of all districts affected by 
such alteration : And provided also, That such appeal shall 
be heard and decided by the majority of the board of county 
commissioners at their next regular meeting ; and if such 
appeal is not sustained by them, the county superintendent 
shall proceed to appoint the time and place for said first dis- 
trict meeting, which shall then proceed as by law required. 
(Laws 1876, ch. 122, art. 3, sec. 5.) 

Sec. 117. Notice of First Meeting. [6113.] Whenever a 
school district shall be formed in any county, the county su- 
perintendent of public instruction of such county shall, within 
fifteen days thereafter, prepare a notice of the formation of 
such district, describing its boundaries, and stating the num- 
ber thereof. He shall cause the notices thus prepared to be 
posted in at least five public places in the district, and, in 
case there shall be no appeal, shall in ten days thereafter in 
like manner appoint a time and place for a special district 
meeting, for the election of officers and the transaction of 
such business as is prescribed by law for special school-dis- 
trict meeting. (Laws 1881, ch. 152, sec. 13.) 

Skc. 118. Division of Property . [Laws 1909, ch. 207, sec. 
1.] When a new district is formed, in whole or in part, from 
one or more districts possessing a schoolhouse or entitled to 
other property, such new district shall be formed only be- 
tween April 1 and September 1 of the same year, and the 
county superintendent shall determine the value of the 
school property of the school district, including taxes due, 
and deducting all indebtedness except bonded indebtedness. 
There shall be due to the new district^® from the old district 
the proportion of the value of the school property that the 

96. For the division of school property under the provisions of this sec- 
tion, the following rules are recommended, viz. : 

FIRST RULE. 

To he applied in dividing school property which has been procured with 
the proceeds of district taxes : (1) Find the assessed valuation of the tax- 
able property of the undivided district, as returned on the last assessment 
roll of the county. (2) Find, in like manner, the assessed valuation of the 
taxable property of the territory which is to be cut off, and which does not 
retain the school property. (3) Find the present value of the school prop- 
erty of the undivided district, including moneys raised from district taxes 
and remaining in the treasury at the time the division is made, after dis- 
charging all indebtedness except bonded indebtedness. (4) Multiply the 
present value of the school property by the assessed valuation of the terri- 



52 COUNTY SUPERINTENDENT. [CH. 6 

assessed valuation of property of the new district bears to 
the assessed valuation of the property of the old district. 
The county superintendent shall certify to the county clerk 
the proper tax levy against the taxable property of the old 
district to pay the amount due the new district. 

Sec. 119, Depopulated District. [6134.] That when a 
school district having a floating indebtedness, consisting of 
outstanding school orders, is now or shall hereafter become 
depopulated, it shall be the duty of the county commission- 
ers, on information furnished by the county superintendent, 
to provide for the payment of such outstanding indebtedness 
by making a levy of taxes therefor upon the property of such 
depopulated district, which shall be extended by the county 
clerk on the tax-roll the same as other taxes : Provided, That 
no levy shall exceed twenty mills^^ on the dollar in any one 
year. (Laws of 1893, ch. 135, sec. 1.) 

Sec. 120. County Treasurer Shall Pay. [6135.] That the. 
county treasurer shall pay all school orders mentioned in the 
preceding section out of any funds standing to the credit of 
the school district on which said school orders are drawn : 
Provided, That the county superintendent's order for the pay- 
ment of the same shall be attached to such school order. 
(Laws 1893, ch. 135, sec. 2.) 

Sec. 121. County Superintendevits May Disorganize. [6131.] 
That the county superintendent may, in his discretion, after 
all indebtedness^^ has been fully paid and canceled, declare 

tory which is to be cut off. That product, divided by the assessed valuation 
of the undivided district, gives the amount due to the territory which is to 
be cut off. 

SECOND RULE. 

To be applied in dividing such school property as consists of moneys re- 
ceived by the undivided district from the state and county school funds : (1) 
Find the number of children of school age residing in the undivided district, 
as given in the last annual report of the clerk of the district. (2) Find, in 
like manner, the number of children of school age residing in the territory 
which is to be cut off, and which does not retain the school property. (3) 
Find the amount of state and county school money remaining in the treas- 
ury of the undivided district at the time the division is made, after discharg- 
ing all indebtedness except bonded indebtedness. (4) Multiply the residue 
of state and county school moneys by the number of children residing in the 
territory which is to be cut off. That product, divided by the number of 
children of school age residing in the undivided district, gives the amount 6f 
state and county school moneys due to the territory which is to be cut off. 

The same principle of division of property is to be followed in case the 
new district is formed from parts of two or more districts. 

The county superintendent of public instruction should make the division 
of school propesty at the time of forming a new school district, but his fail- 
ure to do so at the time does not impair the rights of said district. 

97. Four mills. Changed by Laws 1909, ch. 245, sec. 25 ( section 307 of 
this book.) 

98. Does not refer to bonded indebtedness. 



CH. 6] COUNTY SUPERINTENDENT. 53 

such depopulated school district disorganized, and attach 
the territory belonging thereto to adjoining school districts. 
(Laws 1893, ch. 135, sec. 3.) 

Sec. 122. When Depopulated. [Laws 1907, ch. 322, sec. 
1.] The term "depopulated school district" as used in this 
act shall be held to mean a school district having fewer than 
five legal voters therein and fewer than seven persons be- 
tween the ages of five and twenty-one years ; such fact to be 
determined by the county superintendent. It shall be the 
duty of the county superintendent, upon the filing of a 
written request by the holder of an outstanding school order, 
to make an investigation of the school district issuing such 
order, and report to the board of county commissioners the 
facts as to the population as aforesaid ; and such report shall 
be conclusive on that question. 

Sec. 123. Partially Depopulated Districts. [6138.] That 
the superintendent of public instruction in any county is 
hereby empowered to disorganize partially depopulated school 
districts in his county ; or in counties where joint school dis- 
tricts exist, the superintendent having jurisdiction over the 
major portion of said school districts shall have full power 
to act, and the officers in said county shall have full control 
to levy tax, and certify the same to the proper officers out of 
said county having taxable property in said joint school dis- 
tricts, who shall place the same on the tax-rolls of their re- 
spective counties, and collect the same as other school tax 
levied in their respective counties, and when collected they 
shall pay the same to the proper officers of said county in 
which said major portion is located, taking a receipt there- 
for, and the county treasurer and county superintendent shall 
proceed to disburse said funds so collected the same as in 
section 7®^ of this act. (Laws 1901, ch. 307, sec. 1.) 

Sec. 124. Partially Depopulated District; Definition. [Laws 
1907, ch. 323, sec. 1.] For the purposes of this act, a school 
district shall be deemed partially depopulated when the num- 
ber of persons resident thereof over the age of five years and 
under the age of twenty-one years shall be less than twelve. 

Sec. 125. Petition. [6140.] That such action shall not be 
taken by the county superintendent of any such county unless 
there shall be presented to him a petition signed by two-thirds 
of the 6o'/a/?c?e residents of such school district having the 
qualifications of school-district electors, and who have resided 
continuously for one year in said school district, requesting 
such disorganization : Provided, That such disorganization 

99. See section 128 of this book. 



54 COUNTY SUPERINTENDENT. [CH. G 

shall not be final until approved by the board of county com- 
missioners of the county in which the disorganized school 
district is situated : And provided further, That in any such 
school districts where the whole number of district electors 
shall be less than six, and the number of residents of such 
district over the age of five years and under the age of twenty- 
one years shall be less than five, the county superintendent 
shall act without petition, when so directed by the board of 
county commissioners of such county. (Laws 1901, ch. 307^ 
sec. 3.) 

Sec. 126. County Superintendent May Attach. [6114.] The 
county superintendent may attach the territory of any school 
district disorganized under the provisions of this act to any 
adjacent school district or school districts, but such attach- 
ment shall not become effective until approved by the board 
of county commissioners. (Laws 1901, ch. 307, sec. 4.) 

Note.— See section 33 of this book for disposition of bonded indebtedness 
of disorganized school districts. 

Sec. 127. Floating Indebtedness. [6143.] That if any school 
district so disorganized shall at the time of its disorganization 
have a floating indebtedness consisting of outstanding school 
orders, it shall be the duty of the county commissioners of 
the county, on information furnished by the county superin- 
tendent, to provide for the payment of such outstanding in- 
debtedness by making a levy of taxes therefor upon all the 
real and personal property in the territory of the disorganized 
school district, which tax shall be entered by the clerk of the 
county on the tax-roll the same as other taxes : Provided, 
That no such lejy shall exceed ten mills^"" on the dollar of 
the assessed valuation in any one year. (Laws 1901, ch. 307, 
sec. 6.) 

Sec. 128. Orders Paid by County Treasurer. [6144.] That 
the county treasurer shall pay all school orders mentioned in 
the preceding section out of any fund collected from the school 
taxes created by the special levy provided for in section 6 of 
this act :^°^ Provided, That no such school order shall be paid 
unless accompanied by an order from the county superin- 
tendent directing its payment. (Laws 1901, ch. 307, sec. 7.) 

Sec. 129. Disposition of Funds. [6145.] If at the time of 
the disorganization of any school district as herein provided 
for such district shall have in the hands of its treasurer or of 
the county tre^isurer of the county moneys belonging to it, or 

100. Two and one-half mills. Changed by laws 1909, ch. 245, sec. 25 
(section 307 of this book). 

101. Section 127 of this book. 



CH. 6] COUNTY SUPERINTENDENT. 55 

any unpaid taxes levied for the payment of its indebtedness, 
bonded or floating, such money shall be first applied to its 
indebtedness, floating and bonded ; and if any money remain 
thereafter, then such money shall be distributed among the 
school districts to which such territory shall be attached, in 
such manner and amount as shall be directed by the county 
superintendent, who shall include in the order for the disor- 
ganization of such district an order for the distribution of its 
moneys as herein provided. (Laws 1901, ch. 307, sec. 8.) 

Sec. 130, Disposition of Property. [6146.] The buildings 
and other property which may belong to any school district 
which may be hereafter disorganized shall be sold by the 
county superintendent to the highest bidder for cash in hand, 
after having given thirty days' public notice thereof by pub- 
lication in a newspaper published in said county and by post- 
ing not less than five written or printed notices in conspicuous 
places in said district. The proceeds of said sale shall be de- 
posited with the county treasurer of said county and shall be 
applied to the payment of debts of said school district, giving 
the preference to floating debts, if there be any. If there be 
no debts, or if there be any proceeds left after the payment 
of debts, said proceeds shall be turned into the county school 
fund for the use and benefit of the school district to which 
said disorganized territory is attached : Provided, That the 
school district to which said territory is attached may bid for 
and purchase said property and pay for same out of general 
fund. (Laws 1901, ch. 307, sec. 9.) 

Sec. 131. Territory riot Liable. [6147.] The territory of 
any school district so disorganized shall not be liable for any 
debt, floating or bonded, or any contract of any district to 
which it may be attached existing at the time of such attach- 
ment. (Laws 1901, ch. 307, sec. 10.) 

Sec. 132. Avnexation of School Districts. [Laws 1909, ch. 
206, sec. 1.] Whenever any school district within this state 
shall fail or neglect to maintain a school for at least three 
months in one year, for a consecutive term of three years, such 
school district shall be annexed to adjoining districts : Pro- 
vided, That this act shall not apply to districts that have made 
proper levies for the tuition and transportation of its pupils 
to other schools. 

Sec. 133. Division of Districts Annexed. [Laws 1909, ch. 
206, sec. 2 ] For the purpose of carrying out this act it shall 
be the duty of the county superintendent to divide such dis- 
tricts in such a manner as to equalize as nearly as practicable 
the territory in area and taxable property. 



56 COUNTY SUPERINTENDENT. [CH. 6 

Sec. 134. Temporary Consolidation of Districts by County 
Superintendent. [6148.] The county superintendent of pub- 
lic instruction may, when any two or more adjoining school 
districts have less than five pupils each of school age, combine 
the pupils of such districts, and provide for a term of school, 
which shall be divided among the districts so combined as he 
shall deem most convenient, and to which the pupils of each 
shall be admitted ; he shall prorate the expense between the 
districts in proportion to the number of pupils from each, 
and shall certify same to the county clerk on or before the 
1st day of August of each year, and the board of county com- 
missioners shall levy a tax against the property of said 
district sufficient to raise the. amount shown by the said cer- 
tificate : Provided, That whenever the school population of 
such districts so combined or of any school district shall be- 
come less than five no term of school shall be held, but pro- 
vision shall be made by the county superintendent for sending 
pupils to other schools, as now provided by law in the case 
of districts which vote to have no school, and in no case 
shall more than one school be held at the same time in any 
school district, consolidated or otherwise, unless there be a 
regular attendance of at least five bona fide pupils for each of 
the additional schools in said district. All contracts with 
teachers shall be made subject to the provisions of this act. 
(Laws 1901, ch. 307, sec. 11.) 

8ec. 135. Conveyance of Pupils. [Laws 1907, ch. 327, sec. 
1.] That in any school district where there are pupils living 
not less than two miles and not more than three miles from 
the schoolhouse the school board of such district may, and 
where there are pupils living three miles or more from the 
schoolhouse such school board shall, allow to the parent or 
guardian of such pupils a sum not to exceed fifteen cents per 
day, for not to exceed one hundred days in each year, as com- 
pensation for conveying^°^ such pupils to and from the school : 
Provided, That no such compensation be allowed unless the 
pupil is actually conveyed to and from the school. 

Skc. 136.^**^ Hotv Permanently to Disorganize and Consolidate. 
[6151.] Whenever the inhabitants of two or more adjacent 
school districts of the state of Kansas desire to unite for the 
purpose of forming a single or union school district and con- 
ducting therein a graded school, the clerks of the several dis- 
tricts shall, upon a written application of five voters of their 

102. The law means "not to exceed fifteen cents per day" for each con- 
veyance, regardless of the number of pupils conveyed. The district board 
must allow a reasonable amount, and usually fifteen cents is reasonable. 

103. Sections 136-143 apply to consolidated school districts. 



CH. 6] COUNTY SUPERINTENDENT. 57 

respective districts, or by order of the several school -district 
boards, call a meeting of the voters of such districts at their 
respective schoolhouses, by posting up printed notices thereof 
in like manner as provided -for calling school-district meet- 
ings, and if a majority of the voters in each of two or more 
adjacent districts shall vote to unite for the purpose herein 
stated, the clerks of such districts shall thereupon, in writing, 
notify the county superintendent of such action : Provided, 
That the vote in any district shall be made conditional upon 
its carrying in certain other named districts proposing to 
unite. ^"^ Upon such notice, it shall be the duty of the county 
superintendent, and he is hereby authorized, at his discre- 
tion, to declare the districts so voting disorganized, and to 
designate a time and place for a meeting of the voters of said 
district so voting, for the purpose of electing a board of di- 
rectors, consisting of a director, clerk, and treasurer, notice 
of which meeting shall be given by printed notices, posted in 
five public places in the districts uniting : Provided, That if 
any district so uniting to form a union school district has a 
legally bonded indebtedness at the time of its disorganization, 
such indebtedness shall attach to and be a charge against the 
territory comprised in such disorganized district at the time 
of its disorganization, and it shall be the duty of the county 
commissioners of the county or counties in which such terri- 
tory is located to cause annually to be levied upon the prop- 
erty, real and personal, in such disorganized territory, a tax 
sufficient to meet the interest and provide a sinking-fund for 
the payment of such indebtedness : Provded further, That the 
assets and property of the district disorganized shall first be 
applied in payment of its floating indebtedness, if any, and 
then on its bonded indebtedness, and any residue thereafter 
to belong to the new union district : Provided further, That in 
forming union districts comprising territory lying in more 
than one county the county superintendents of said counties 
shall act together as by law provided for in joint school dis- 
tricts. (Laws 1901, ch. 305, sec. 1.) 

Sec. 137. Travsjyrting Scholars.^"' [6152.] The board of 
directors hereinbefore mentioned are hereby authorized to 
provide for the transportation of the children living two or 
more miles from the school to and from the schoolhouse in 
the district, under such rules and regulations as said board 
of directors may prescribe, and it shall have such general 

104 A proposition to consolidate must carry in all the districts included 
in the proposition or fail in all. 

105. Refers to consolidated districts, a provision different and distinct 
from section 135, this book. 



58 COUNTY SUPERINTENDENT. [CH. 6 

powers and duties as are provided by law for school-district 
boards. (Laws 1901, ch. 305, sec. 2.) 

Sec. 138. County Super i'fitendent Notified. [6153.] Upon 
the organization of such union school districts, as hereinbe- 
fore provided, the clerk of the board thereof shall notify the 
county superintendent in writing that such action has been 
taken. (Laws 1901, ch. 305, sec. 3.) 

Sec. 139. Record Boundaries. [6154.] The boundary of 
the union district, when formed, shall include the territory 
of the districts so uniting, and the county superintendent 
shall, upon proper notice thereof, at once make a record of 
such boundary : Provided, That by vote of the electors of any 
district uniting to form a union district part of the district 
may unite with one union district and part with another ad- 
jacent union district. (Laws 1901, ch. 805, sec. 4.) 

Sec. 140. Property of Districts. [6155.] Upon the organi- 
zation of such union school district, all school property^ 
except as hereinbefore provided, heretofore owned by the 
several districts so uniting, shall at once become the prop- 
erty of such union school district, and che board of directors 
of the said union school district are hereby authorized to dis- 
pose of any or all such property as the best interests of such 
district may require. (Laws 1901, ch. 805, sec. 5.) 

Sec. 141. Annual Meeti^g.^'^^ [6156.] The annual meet- 
ing of said union school district shall be held on the second 
Wednesday in June, at two o'clock p. m., and it shall have 
such general powers and duties as are provided by law for 
annual school-district meetings. (Laws 1901, ch. 305, sec. 6.) 

Sec. 142. Name. [6157.] Such union school district, 
when formed, shall be known as union school district No. 
— :, county of , state of Kansas, and be a body cor- 
porate, with powier to sue and be sued. (Laws 1901, ch. 
305, sec. 7.) 

Sec. 143. Powers and Duties of District Board. ^^'' [6158.] 
The duties and powers of the board of directors heretofore 
mentioned shall be the same as those provided by law for 
school-district boards. (Laws 1901, ch. 305, sec. 8.) 

Sec. 144. Shall Furnish Map. [6103.] The .county super- 
intendent of public instruction of the several counties of the 
state shall, on or before March 1 of each year, furnish to 
each assessor within his county a map of the city or town- 
ship of such assessor, showing the number and metes and 

106. A different date and distinct from the annual meeting of union or 
graded-school districts. 

107. See chapter X of this book. 



-CH. 6] COUNTY SUPERINTENDENT. 59 

bounds of every school district or part of school district 
within his township or city. (Laws 1885, ch. 198, sec. 3.) 

Note.— See section 105 of this book. 

Skc. 145. Other Duties. [6114.] He shall discharge such 
other duties as may be prescribed by law, and in case of sick- 
ness or temporary absence he may employ a deputy. He 
shall deliver to his successor, within ten days after the ex- 
piration of his term of office, all books and papers appertain- 
ing to his office. (Laws 1881, ch. 152, sec. 14.) 

Sec. 146. Neglect or Refusal to Perform Duty. [6115.] Every 
county superintendent who shall neglect or refuse to perform 
any act which it is his duty to perform, or shall corruptly or 
oppressively perform any such duty, he shall forfeit his office, 
and shall be liable on his official bond for all damages occa- 
sioned thereby, to be recovered in the name of the state for 
the benefit of the proper party, district, or county. (Laws 
1881, ch. 152, sec. 15.) 

Sec. 147. Agent of State Orphans' Home.^'^^ [7004.] The 
superintendents of public instruction in the several counties 
of the state are hereby designated as the agents of the 
Soldiers^"^ Orphans' Home in their respective counties. It 
shall be the duty of said agents to visit the children who are 
placed in homes in their respective counties twice each year, 
and at such other times as the superintendent of the home 
may request ; and they shall make written reports of the con- 
dition of each child visited, upon blanks to be provided by 
the board of trustees for that purpose, and forward the same 
to the superintendent of the home, who shall record and file 
the same in a proper manner. Said agents shall receive, as 
full compensation for the services performed under the pro- 
visions of this act, their actual necessary official expenses, 
together with the sum of three dollars, in full for all services 
and report of each case visited, but not exceeding three dol- 
lars for any day's services. All accounts for such services 
shall be rendered to the superintendent of said home, and 
shall be verified, audited and paid in the same manner as 
other accounts against said home are paid. (Laws 1889, ch. 
236, sec. 6.) 

108. This section is probably repealed by implication by the following 
laws: Section 6564. General Statutes of 1901; sections 44, 45 and 46, chap- 
ter .S53, Laws of 1901; section 6, chapter 482, Laws of 1903; section 13, 
chapter 475, Laws of 1905. 

109. The name was changed to "State Orphans' Home" in 1909. 



60 



COUNTY HIGH SCHOOLS. 



[CH.7 



CHAPTER VII.— County High Schools. 



S148. 


What counties may establish. 


§169. 


149. 


Election, how called. 


170. 


150. 


Ballots canvassed. 


171. 


151. 


Trustees elected, when and how. 


172 


152. 


Officers of board of trustees: quorum. 


173. 


153. 


Levy by trustees. 


174 


154. 


Taxes levied and collected. 


175 


155. 


Duties of treasurer and secretary of high 


176 




school. 


177. 


156. 


Site to be selected and purchased by 


178. 




board of trustees; may lease suitable 


179 




buildings. 


180. 


157. 


Principal and assistant teachers to be 


181 




employed by board of trustees. 


182 


158. 


Three courses of study shall be provided. 


183. 


159. 


Tuition; rules and regulations to be 






adopted by the board of trustees. 


184 


160. 


Non-resident pupils, admitted when. 


185. 


161. 


Principal shall make rules and regula- 


186 




tions for government of school. 


187. 


162. 


Rights and privileges of those gradua- 
ting from normal course. 


188. 


163. 


Report of trustees to board of county 


189. 




commissioners. 


190. 


,164. 


Vacancies in board of trustees, how 






filled. 


191. 


165. 


Salary of trustees. 




166. 


May be established at county-seats. 


192 


167. 


Course of study. 




168. 


Privileges of graduates. 





May employ teachers. 

Free to pupils in the county. 

Petition or election. 

High-school tuition. 

County treasurer collect taxes. 

Bonds may be issued. 

Bond election. 

Issuance of bonds. 

Illegal use of proceeds. 

May receive county aid. 

Levy made, when. 

Funds collected. 

Apportionment of funds. 

Principal's report. 

County superintendent shall certify to 
county clerk. 

Tuition free. 

Courses of study. 

Some cities and counties exempt. 

When in force. 

"Barnes" law in effect in certain coun- 
ties. 

County treasurer to pay taxes collected. 

Penalty, county treasurer not paying 
over money. 

High school fraternities; unlawful to 
belong to. 

Expulsion for membership in fraterni- 
ties. 



Section 148. What Counties. [6431.] Each county having a 
population of 6000 inhabitants or over, as shown by the last 
state or federal census, may establish a county high school 
on the conditions and in the manner hereinafter prescribed, 
for the purpose of affording better educational facilities for 
pupils more advanced than those attending district schools, 
and for persons who desire to fit themselves for the vocation 
of teaching. (Laws 1886, ch. 147, sec. 1.) 

Sec. 149. Election. [6432.] When one-third of the electors 
of a county, as shown by the returns of the last preceding 
election, shall petition the board of county'commissioners re- 
questing that a county high school be established in their 
county, at a place in the said petition named, or whenever 
the said county commissioners shall at their discretion think 
proper, they shall give twenty days' notice previous to the 
next general election, or previous to a special election called 
for that purpose, that they will submit the question to the 
electors of said county whether. such high school shall be es- 
tablished, and at the place specified, at which election the 
electors of the county shall vote by ballot for or against es- 
tablishing such high school. The notice contemplated in 
this section shall be given as are all legal notices of a general 
or of a special election. (Laws 1886, ch. 147, sec. 2.) 

Sec. 150. Ballots Canvassed. [Laws 1903, ch. 432, sec. 1.] 



CH. 7] COUNTY HIGH SCHOOLS. 61 

After said election the ballots on said question shall be can- 
vassed in the same manner as in the election of county oflBcers, 
and if a majority of all the votes cast shall be in favor of 
establishing such high school, the county commissioners shall 
immediately proceed to appoint six persons, who shall be resi- 
dents and freeholders of the county, but no more than two of 
whom shall be residents of the same commissioner district, 
who shall, with the county superintendent of instruction, 
constitute a board of trustees for said school. Each of said 
trustees appointed as aforesaid shall hold his office until 
his successor is elected and qualified, and shall be required, 
within ten days after appointment, to qualify by taking the 
usual oath of office and by giving such bond as may be re- 
quired by said county commissioners for the faithful dis- 
charge of his duties. 

Sec. 151. Trustees Elected, When. [Laws 1903, ch. 432, 
sec. 2.] At the next general election after said appointment, 
there shall be elected'^" six high-school trustees, but no more 
than two of whom shall be residents of the same commis- 
sioner district ; three of whom shall serve for two years and 
three of whom shall serve for four years, the respective terms 
to be decided by lot ; these terms to be known and designated 
as short term and full term, respectively. Each two years 
thereafter there shall be elected three trustees, but no more 
than one of whom shall be a resident of the same commis- 
sioner district, to serve a term of four years, to succeed those 
whose term is about to expire. In those counties in which 
county high schools have already been established, the pres- 
ent high-school trustees shall serve until after the election in 
1904, at which time six county-high-school trustees shall be 
elected, but no more than two of whom shall reside in the 
same commissioner district, and all of the above provisions 
shall thereafter apply to said counties. Said trustees shall 
qualify and enter upon the duties of their office in the same 
manner and at the same time as other county officers. 

Sec. 152. President, Secretary, and Treasurer. [6435.] The 
county superintendent^^^ shall, by virtue of his office, be 
president of said board of trustees. At their first meeting in 
each year they shall appoint from their own number a secre- 
tary and treasurer, who shall perform the usual duties 
devolving upon such officers, and shall hold office for one year, 
or until their successors are appointed and qualified. Said 

110. County-high-school trustees are to be elected by the entire county. 

111. The county superintendent cannot legally be allowed any additional 
compensation for service as member of county-high-school board. 



62 COUNTY HIGH SCHOOLS. . [CH. 7 

treasurer shall give such additional bond as the county com- 
missioners shall deem sufficient. A majority of said board 
shall constitute a quorum for the transaction of all business, 
but four votes shall be required to decide any question. 
(Laws 1886, ch. 147, sec. 5.) 

Sec. 153. Levy by Trustees. [Laws 1909, ch, 211, sec. l.J 
That the board of trustees of any county high school in the 
state of Kansas shall at its first meeting, and annually there- 
after before the first day of August of each succeeding year, 
make an estimate of the amount of funds needed for building 
purposes, for the payment of teachers' wages, for contingent 
purposes, and all other educational purposes connected with 
said high school, and having made such estimate shall make 
an annual levy sufficient to raise the amount desired for such 
purposes. But in no case shall the tax for such purposes ex- 
ceed in one year the amount of the levy allowed by law on the 
taxable property of the county. (See note.) 

Note.— Limited to five-tenths of one mill by Laws 1909, ch. 245, sec. 14 
(section 302 of this book) . 

Sec. 154. Taxes Levied and Collected. [Laws 1909, ch. 211, 
sec. 2.] Said rate of tax shall be certified to the county clerk 
of the county in which said county high school is situated, by 
the president and secretary of said board of trustees, and the 
said county clerk is hereby authorized and required to place 
the same on the tax-rolls of the county, and said tax shall be 
collected in the same manner as other county taxes, and when 
collected the county treasurer shall pay the same to the treas- 
urer of the couaty high school in the same manner that school 
funds are paid to the district treasurers as required by law. 

Sec. 155. Duties of Officers. [6438,] The s,aid treasurer of 
the high school shall receive from the county treasurer, and 
from other parties, all moneys that belong to the funds of said 
school, and shall pay out the same only by direction of the 
board of trustees, upon orders duly signed by the president 
and countersigned by the secretary, stating the purpose for 
which they were drawn. Both the secretary and treasurer 
shall, keep an accurate account of all moneys received and 
expended for said school, and at the close of each year, or 
oftener if required by the board of trustees, they shall make 
a full statement of the financial affairs of the school. (Laws 
1886, ch. 147., sec. 8.) 

Sec. 156. Ijocate Site and Lease Buildings. [6439.] The 
said board of trustees shall proceed, as soon as practicable 
after the appointment as aforesaid, to select, at the place de- 
termined by the vote of the county, the best site that can be 
obtained without expense to the county, and the title thereof 



CH, 7] COUNTY HIGH SCHOOLS. 63 

shall be vested in the said county ; they shall then proceed 
to make purchases of material, and to let such contracts for 
their necessary school buildings as they may deem proper, 
but shall not make any purchase or contract in any year to 
exceed the amount on hand, and to be raised by the levy of 
tax for that year. The board of trustees, at their discretion, 
may lease suitable buildings for the use of the high school 
while new buildings are in process of erection, the rent to be 
paid by the fund created by the levy for high-school purposes. 
(Laws 1886, ch. 147, sec. 9.) 

Sec. 157. Employ Privcipal. [6440.] When such board of 
trustees shall have finished a building for said school, they 
shall employ some suitable person, who shall take charge of 
the same and teach in the same, and shall be known as the 
principal of such school ; and the trustees shall furnish such 
assistant teachers as they deem necessary, and shall provide 
for their salaries. (Laws 1886, ch. 147, sec, 10.) 

Sec. 158. Courses of Instruction. [Laws 1905, ch. 389, sec. 
1.] There shall be provided three courses of instruction, each 
requiring four years' study ^^^ for completion, namely, a gen- 
eral course, a normal course, and a collegiate course. The 
general course shall be designed for those who cannot con- 
tinue school life after leaving said high school. The normal 
course shall be designed for those who intend to become 
teachers, and shall fully prepare any who wish to enter the 
first year of professional work at the State Normal School. 
The collegiate course shall fully prepare those who .wish to 
enter the freshman class of the college of liberal arts and 
sciences of the State University, or of the State Agricultural 
College, or of any other institution of higher learning in this 
state. Whenever practicable, students in these courses shall 
recite in the same classes. Students in the last year of the 
normal course may be employed for a portion of their time 
in teaching the pupils of the first year in any course, and 
model schools shall be encouraged. 

Sec. 169. Tuition and Admission. [6442.] Tuition shall 
be free to all pupils residing in the county where the school 
is located. The board of trustees shall make such general 
rules and regulations as they may deem proper in regard to 
age and grade of attainments essential to entitle pupils to 
admission to such school : Provided, That no person shall be 
admitted to such high school who shall not have passed a 
satisfactory examination in all the work of the district 
schools of the county in which such high school is situated. 

112. Does not apply to Reno county high school. (Laws 1905, ch. 457.) 



64 COUNTY HIGH SCHOOLS. [CH. 7 

If there should be more applicants than can be accommo- 
dated at any one time, each district shall be entitled to send 
its equal proportion of pupils, according to the number of 
pupils it may have, as shown by the last report to the county 
superintendent of public instruction ; and the boards of the 
respective school districts shall designate such pupils as may 
attend, subject to the proviso above. (Laws 1886, ch. 147, 
sec. 12.) 

Sec. 160. Non-resident Pupils. [6443.] If at any time the 
school can accommodate more pupils than apply for admis- 
sion from that county in which the school is situated, the 
vacancies may be filled by applicants from other counties, 
upon the payment of such tuition as the board of trustees 
may prescribe, but at no time shall such pupils continue in 
such school to the exclusion of pupils residing in the county 
in which such school is situated. (Laws 1886, ch. 147, sec. 
13.) 

Sec. 161. Rules and Regulations; Examining Committee; 
Certificates. [Laws 1907, ch. 335, sees. 1 and 2.] The prin- 
cipal of any such high school, with the approval of the board 
of trustees, shall make such rules and regulations as he may 
deem proper in regard to the studies, conduct and govern- 
ment of the pupils under his charge while they shall continue 
to be enrolled at such school ; and if any such pupils will not 
conform to nor obey the rules of the school, they may be sus- 
pended therefrom temporarily by the principal, and may be 
expelled by the board of trustees. The board of trustees 
shall appoint &ome competent person who, with the principal 
of the high school, and with the county superintendent of 
public instruction as chairman thereof, shall constitute the 
examining committee of the high school, whose duty it shall 
be to examine all persons who may apply to them in the sub- 
jects such persons propose to teach in said high school ; and 
no person except one holding a diploma or a certificate from 
the State Board of Education, or a diploma from the State 
Normal School, State University, State Agricultural College, 
or some college or university accredited by the State Board 
of Education, shall be employed by the board of trustees as 
teacher in the high school unless such person is the holder of 
a certificate signed by the examining committee, or a majority 
of them, setting forth that such person is competent to teach 
such subjects in said high school and is a person of good 
moral character; and the board of trustees may fill any va- 
cancy which may occur in the examining committee. 

Skc. 162. Privileges of Graduates. [6445.] Those gradua- 
ting from the normal course in the county high school shall 



CH. 7] COUNTY HIGH SCHOOLS. 65 

be entitled to a teacher's second-grade certificate,"^ and shall 
be admitted to the first year of professional work at the State 
Normal School without further examination ; and those grad- 
uating from the collegiate course shall be entitled to admis- 
sion to the freshman class of the State University, and of the 
State Agricultural College, without further examination. 
(Laws 18S6, ch. 147, sec. 15.) 

Sec. 163. Report of Trustees. [6446.] The board of trus- 
tees shall annually make a report to the county commission- 
ers, which shall specify the number of students attending the 
high school during the year, their sex, and the branches 
taught, the text-books used, the number of teachers employed, 
the salaries paid, the amounts expended respectively for li- 
brary, apparatus, buildings, and for all other purposes ; also 
the amount of funds on hand, the debts unpaid, if any ; the 
amounts due, if any ; and all other information deemed im- 
portant or expedient to report. Said report shall be printed 
in at least one newspaper of the county, if any is published 
therein, and a copy of the report shall be forwarded to the 
state superintendent of public instruction. (Laws 1886, ch. 
147, sec. 16.) 

Seo, 164. Vacancies. [6447.] The county commissioners 
shall have power to fill any vacancies that may occur in the 
board of trustees for that county, by appointment until the 
next general election. (Laws 1886, ch, 147, sec. 17.) 

Skc. 165. Com'p'"nsatio'i of Trustees. [Laws 1907, ch. 334, 
sec. 1 .] The county board of county-high-school trustees shall 
allow to each member thereof the sum of three dollars per day 
for the time actually and necessarily employed in the dis- 
charge of his official duties, and in addition thereto the sum 
of five cents per mile for each mile necessarily traveled in at- 
tending meetings of the board, and when such accounts are 
presented for payment they shall be audited and paid out of 
the county-high-school fund in the same manner as other ac- 
counts against said board. Said trustees shall not be allowed 
any other renuraeration for services or expenses. 

Skc. 166. Mny E.Htnblish at County-se^t. [Laws 1^03, ch. 
433, sec. 1.] That the county -commissioners of any county 
of Kansas having a population of less than 6000 be and they 
are hereby authorized to negotiate with the school district or 
school districts at the county-seat of such county for the es- 

113. This certificate should be issued by the county board of examiners 
and should state thereon that it was issued by virtue of graduation from the 
county high school. The usual fee of one dollar should be collected from 
each applicant. 

-3 



66 COUNTY HIGH SCHOOLS. . [CH. 7 

tablishment of a county high school : Provided, That on the 
presentation of a petition signed by a majority of the electors 
of any such county, as shown by the returns of the last pre- 
ceding general election, the county commissioners shall call 
an election for the purpose of determining whether they shall 
make such contract as aforesaid ; and if at such election a 
majority of the votes cast shall be in favor of making said 
contract, then and in that case it shall be the duty of such 
commissioners to make such contract. 

Sec. 167. Course of Study. [6450.] Such county high 
schools ^'^* when established shall adopt a course of study to 
be described by the State Board of Education. (Laws 1897, 
ch. 180, sec. 2.) 

Sec. 168. Privileges of Graduation.' [6451.] Upon the 
presentation of a certificate of graduation from any such 
county high school, within one year from the date of the 
same, to any state institution of learning, the person present- 
ing the same may be admitted without further examination 
to said institution of learning. (Laws 1897, ch. 180, sec. 3.) 

Sec. 169. May Employ Teachers. [6452.] For the purpose 
of carrying this act into effect, the boards of county commis- 
sioners in such counties may employ such number of teachers 
in addition to those regularly employed by the district at the 
county-seat as shall in their judgment be necessary for the 
purpose of conducting such schools, and pay such teachers 
from the general fund of the county. (Laws 1897, ch. 180, 
sec. 4.) 

Sec. 170. Free to Pupils in the County. [6453.] Such 
county high schools shall be free to all persons of school age 
in their respective counties. (Laws 1897, ch, 180, sec. 5.) 

Sec. 171.^^^ PetHion or Election. [6454.] No county high 
school as herein provided for shall be established except upon 
a petition signed by a majority of the electors of the county, 
or pursuant to an election held in such county for the purpose 
of voting upon the question of establishing such county high 
schools. (Laws 1897, ch. 180, sec. 6.) 

Sec. 172. High-school Tuition. [Laws 1907, ch. 336, sec. 
1.] That all school districts located in counties not main- 
taining a county high school are hereby authorized, at each 
annual meeting of the several school districts, to levy, in the 
manner provided by law for the levying of other taxes, tax 
sufficient to pay in full the tuition in a high school in the 

114. Refers to county high schools established under provisions of section 
185 of this book. 

115. Section 171 has virtually been repealed. 



CH. 7] COUNTY HIGH SCHOOLS. 67 

county or any adjoining county in which said district is lo- 
cated of each and every scholar whose parents or guardians 
are actually residing in said districts in good faith who shall 
desire to attend the said high school during the next ensuing 
year ; the number of such scholars to be ascertained and de- 
termined by the clerk of said district immediately prior to the 
holding of the annual meeting of said district : Provided, how- 
ever, That the provisions of this act shall not apply to any 
county in which was adopted the provisions of chapter 397 
of the Session Laws of 1905. 

Sec. 173. County Treasurer Collect Taxes. [6456.] The 
taxes provided for in section 11 of this act shall be paid to 
the county treasurer of the various counties as other taxes 
are paid, and when so collected shall be turned over to the 
school-district treasurer and receipted for by him as other 
school moneys, and he shall keep separate accounts of such 
funds, and shall pay the same out for the purposes mentioned 
in this act upon the same terms and conditions as other school- 
district moneys are paid out. (Laws 1899, ch. 250, sec. 2.) 

Sec. 174. Bonds may he Issued. [Laws 1907, ch. 332, sec. 1.] 
That any county which has established a county high school 
under the provisions of chapter 180, Session Laws of 1897, 
as amended by chapter 433, Session Laws of 1903, is hereby 
authorized and empowered to issue and sell bonds of the 
county for the purpose of erecting, furnishing and equipping 
a building for the use of the county high school of the county : 
Provided, That no bonds shall be issued as provided for in 
this section until the same has been submitted to the electors 
of the county at a general election, or at a special election 
called for that purpose, and a majority of the voters voting 
upon the proposition shall have voted in favor of the same : 
Provided, That the provisions of this act shall not be con- 
strued as applying to any county in which is located a city 
of the first class. 

Sec. 175. Bond Election. [Laws 1907, ch. 332, sec. 2.] 
When a petition signed by twenty-five per cent, of the legal 
voters of the county, as shown by the latest official poll of 
the county, shall have been presented to the board of county 
commissioners of the county, asking that the question of is- 
sue of the bonds for the purpose named in this act be sub- 
mitted to a vote of the people, it shall become the duty and 
is hereby made the duty of the board of county commission- 
ers to make provisions to submit the question to a vote of the 
people : Provided, That if a general election is to be held 
within six months after the receipt of the petition, the board 
of county commissioners shall submit the question at the 



68 COUNTY HIGH SCHOOLS. [CH. 7 

next general election ; otherwise, the board of county com- 
missioners shall call a special election for this purpose, by 
giving not less than thirty days' notice by publication in not 
less than four issues of a newspaper of general circulation in 
the county. 

Sec. 176. Issuance of Bonds. [Laws 1907, ch. 832, sec. 3.] 
The bonds issued by authority of this act shall not exceed in 
any county in amount twenty thousand dollars, in denom- 
inations of not less than one hundred dollars nor more than 
one thousand dollars, and shall bear not more than five per 
cent, interest, payable semiannually, as shown by coupons 
attached, and shall mature not later than twenty years from 
the date thereof. The bonds herein provided for shall recite 
that they are issued in pursuance of the provisions of this act, 

Seo. 177. Ilhgal Use of Proceeds. [Laws 1907, ch. 332, 
sec. 4 ] It shall be unlawful for the board of county commis- 
sioners or any other person or persons to use or appropriate 
any of the proceeds of the bonds herein provided for any other 
purpose than that prescribed in this act. 

Seo. 178."« May Receive County Aid. [Laws 1905, ch. 397, 
sec. 1.] In every county in the state of Kansas in which one 
or more school districts or cities of less than 16,000 inhabit- 
ants shall have maintained high schools with courses of in- 
struction admitting those who complete the same to the 
fresliman class of the college of liberal arts and sciences of 
the University of Kansas, the county commissioners shall 
levy a tax each year of not less than one-fourth of a mill nor 
more than three mills "^ on the dollar of the assessed valua- 
tion of the taxable property within such counties for the pur- 
pose of creating a general high-school fund."^ 

Skc. 179. Levy Mode, When. [Laws 1905, ch. 397, sec. 2.] 
The first levy shall be made when the result of the election 
or petition is determined, and a similar levy shall be made 
each year thereafter: P'ovid^d, No levy shall be made until 
one or more such high schools shall have been maintained in 
the county the preceding school year. 

Sec. 180. Fu»ds Collected. [Laws 1905, ch. 397, sec. 3.] 
Said tax shall be levied and collected in the same manner as 
other county taxes, and, when collected, the county treasurer 

116. Sections 178-190 is the so-calUd "Barnes" High-school Law. The 
schools maintaiqed under this law are not county high schools. 

117. Changed to five-tenths of one mill by Laws 1909, ch. 245, sec. 15 (sec- 
tion 303 of this book. 

118. Section 183. being a later enactment than section 178, must be fo^ 
lowed in making the levy. 



CH. 7] COUNTY HIGH SCHOOLS. 69 

shall pay the same to the treasurers of the school districts 
maintaining high schools according to the provisions of this 
act, as required by law, but no part of said general high- 
school fund shall ever be used for other than high-school 
purposes."^ 

Sec. 181. Apportionment of Funds. [Law^s 1908, ch. 69, 
sec. 1.] Tlie county treasurer shall pay to the treasurers of 
said school districts a pro rata part of the said general high- 
school fund apportioned to the several school districts accord- 
ing to the estimated cost of maintaining the high schools of 
the ensuing year, but no apportionment shall be made to any 
school district after it has discontinued its high school. 

Skc. 182. Principal Shall Make Report. [Laws 1905, ch. 
397, sec. 5.] It shall be the duty of the principal of each such 
high school, at the expiration of the school year, to make a 
report, under oath, to the county superintendent, showing 
:the total enrolment and the daily attendance of each pupil, 
and the average daily attendance in his high school for that 
year, and to furnish such other reports as the county super- 
intendent may require, and his last month's salary shall not 
be due until such reports shall have been duly made. 

Sec. 183. County Superintendent Shall Certify to County Clerk. 
[Laws 1907, ch. 333, sec. 1.] It shall be the duty of the 
county superintendent to certify to the county clerk and to 
the county treasurer, on or before the 25th day of July of 
each year, the average daily attendance in the several high 
schools of the county complying with the provisions of this 
act for the year ending on the 30th day of June preceding, 
and to certify to the board of county commissioners the 
amount necessary for the maintenance of such high schools 
the ensuing year, and the county commissioners shallmake 
such levy (not to exceed three mills'^" on the dollar of the 
assessed valuation of the taxable property within such county) 
as may be necessary to produce such amount; and in case 
the county commissioners shall fail to make such levy, then 
the county superintendent shall make a suitable levy," and 
certify the same to the county clerk of such county, who shall 
enter upon the tax-rolls the levy so made by the county 
superintendent. 

Sec. 184. Tvition Free.^''^ [Laws 1905, ch. 397, sec. 7.] 

119. The high school fund levied under thisl act, cannot be used for the 
repair or erection of school buildings. 

120. Changed to five-tenths of one mill by laws of 1909, ch. 245, sec. 15 
(section 303 of this book). 

121. Tuition is free to all courses in "Barnes" high schools. 



70 COUNTY HIGH SCHOOLS. [CH. 7 

Tuition shall be free in all such high schools to pupils resid- 
ing in the county where such schools are located. 

Sec. 185. Courses of Study. [Laws 1905, ch. 397, sec. 8.] 
At least two courses of instruction shall be provided, each 
requiring four years' work, ^^^ namely : a college preparatory 
course, which shall fully prepare those who complete it to 
enter the freshman class of the college of liberal arts and 
sciences of the University of Kansas, and a general course, 
designed for those who do not intend to continue school work 
beyond the high school. 

Sec. 186. Some Cities and Counties Exempt. [Laws 1905, 
ch. 397, sec. 9.] Cities having more than 16,000 inhabitants 
and counties having heretofore established county high 
schools or which may hereafter establish county high schools 
under the laws now in force shall be exempt from the opera- 
tion of this act. 

Sec. 187. When in Force. [Laws 1908, ch. 69, sec. 2.] 
This act shall not be in force in any county until its provi- 
sions are adopted therein by a majority vote of the electors 
voting on said proposition. At the next general election 
after the passage of this amendment, the following proposi- 
tion shall be submitted in each county, or part of county, in 
the state to which this law may apply, namely, "May the 
provisions of the high-school act of 1905 as amended by the 
Laws of 1907 and 1908, apply in this county ?" The election 
shall be conducted and such proposition shall be voted on 
and the votes then canvassed and returns made in all respects 
as provided by law. Whenever a majority of the voters 
voting on this proposition in any county, or part of any county, 
to which this law may apply, at such election shall be in favor 
of such proposition, the provisions of this act shall apply in 
such county from the time such result is ascertained. If the 
proposition fails to carry at the next general election, it may 
be submitted in each county, or part of county, in this state 
to which this law shall apply, upon petition to the board of 
county commissioners, signed by twenty-five per cent, of the 
taxpayers of such county, or part of county, at any gene.ral 
election hereafter : Provided, That this law. shall not be sub- 
mitted at the general election in 1908 in counties which have 
already adopted the provisions of the act to which this act is 
amendatory.. 

Sec. 188. ''Barnes" Law in Effect in Certain Counties. 
[Laws 1909, ch. 210, sec. 1.] That in all counties of this 

122. Two courses of four years each must be maintained. The college 
preparatory course should be approved by the University of Kansas for ad- 
mission to its Liberal Arts course. 



CH. 7] COUNTY HIGH SCHOOLS. 71 

State in which high schools have been established and main- 
tained for one year, and which said high schools have been 
established and maintained under the provisions of chapter 
397 of the Laws of 1905, as amended by chapter 333 of the 
Laws of 1907 and chapter 69 of the Laws of 1908, by a ma- 
jority of all the votes cast on said proposition, said chapter 
397 of the Laws of 1905, as amended by chapter 333 of the 
Laws of 1907 and by chapter 69 of the Laws of 1908, shall 
be in full force and effect from and after the publication of 
this act in all such counties without again submitting the 
question to a vote of the electors : Provided, however,. This act 
shall not apply to counties where the proposition was resub- 
mitted under chapter 69 of the Session Laws of 1908 and 
rejected. 

Sec. 189. County Treasurer to Pay Taxes Collected. [Laws 
1909, ch. 215, sec. 1.] It shall be the duty of the county 
treasurer of every county in the state of Kansas to promptly 
pay over and distribute on demand all moneys now in his 
hands, or which may hereafter come into his hands by reason 
of any tax levy made by any county, city, township or school 
district, to the treasurer of the city, township or school dis- 
trict, for the use and benefit of which it was collected, under 
the provisions of chapter 397 of the Laws of 1905, as amended 
by chapter 833 of the Laws of 1907 and by chapter 69 of the 
Laws of 1908. 

Sec. 190. Penalty, Couvty Treasurer Not Paying per Money. 
[Laws 1909, ch. 215, sec. 2.] Any county treasurer who 
shall violate the provisions of this act shall, upon conviction 
thereof, be fined in any sum not exceeding five hundred dol- 
lars. 

Sec. 191. High-school Fraternities; Unlaivful to Belong to. 
[Laws 1907, ch 320, sec. 1.] It shall be unlawful for the 
pupils of any high schools to participate in or be members of 
any secret fraternity or secret organization whatsoever that 
is in any degree a school organization. 

Sec. 192. Exoulsion f^'r MemherxMp in Fraternities. [Laws 
1907, ch. 320, sec. 2.] Any boards of education or board of 
trustees of county high schools are hereby authorized and 
empowered to deny to any students regularly enrolled in such 
high school, who shall violate section 1 of this act, any or all 
of the privileges of such high school or to expel such student 
for failure or refusal to comply with the requirements of this 
act. 



72 COUNTY SCHOOL FUND. [CH. 8 



CHAPTER VIII.— County School Fund. 



§ 193. County treasurer shall collect all moneys 
due to the county school fund. 

194. County clerk shall report amount of 

county school fund to county superin- 
tendent. 

195. Justices shall report to county superin- 

tendent proceeds of fines and estrays. 

196. Moneys and property, delivered to whom. 



§ 197. No compensation. 

198. Penalty if county treasurer fails to pay 

over. 

199. Unclaimed money shall be paid by ad- 

ministrator into county school fund, 
when. 

200. Fines and penalties paid into common- 

school fund. 



Section 193. County Treasurer. [6414.] The county treas- 
urer shall collect all mone3's due ihe county for school pur- 
poses from fines, forfeitures, or proceeds from the sale of 
estrays, and all moneys paid by persons as equivalent for 
exemption from military duty ; and he shall, upon proper 
application of the district treasurer of any district in the 
county, pay over to the said district treasurer the amount 
apportioned to the district by the county superintendent.^-* 
He shall also collect the delinquent taxes on real estate in 
any district, in the same manner as county taxes are collected, 
whenever such delinquent tax list shall have been lawfully 
reported and returned to him, and he shall pay the same over 
to the treasurer of the district to which such delinquent taxes 
are due ; and if any county treasurer shall refuse to deliver 
over to the order of the county superintendent any school 
money in his possession, or shall use or permit to be used 
for any other purpose than is specified in this act any school 
money in his possession, he shall on conviction thereof be 
adjudged guilty of a misdemeanor, and be punished by a fine 
not exceeding |500, or by imprisonment in the county jail not 
exceeding one year. (Laws 1876, ch. 122, art. 17, sec. 1.) 

Sec. 194. County Clerk. [6415.] The county clerk of each 
county shall, on the first Mondays of March and July of each 
year, make out and transmit to the county superintendent a 
true statement of any county school money then in the county 
treasury. (Laws 1876, ch. 122, art. 17, sec. 3.) 

Sec. 195. Justice of the Peace. [6416.] Each justice of the 
peace shall report to the county superintendent, on the Ist 
day of March and on the 25th day of July of each year, the 
amount received from the proceeds of fines and estrays during 
the six montjis preceding, a:id belonging to the school fund 
of the county; and each justice of the peace, at the time of 
makinghisreport to the county superintendent, shall promptly 
pay all of said proceeds to the county treasurer, to be dis- 

123. The county school fund is added to the allotment received from the 
state school fund and apportioned as one fund by the county superintendent. 



CH. 8] COUNTY SCHOOL FUND. 73 

bursed by the county superintendent at the next ensuing 
semiannual dividend. (Laws 1876, ch. 122, art. 17, sec. 3.) 

Skc. 196. Mo7ifys and Property. [6417.] All persons hav- 
ing school moneys or other school property in their possession, 
by virtue of any act heretofore passed, are hereby required 
to pay over and deliver the same to the proper officers pro- 
vided for by this act. (Laws 1876, ch. 122, art. 17, sec. 4.) 

Skc. 197. No Compensation. [6418] No county treasurer 
shall receive any compensation for disbursing or receiving 
either county or state school moneys. (Laws 1876, ch. 122, 
art. 17, sec. 5.) 

Skc. 198. Fine. [6419.] Any county treasurer who shall 
neglect or fail to pay over any school money in the treasury, 
on application, shall be subject to a fine of not less than $500 
for every such neglect or failure. (Laws 1876, ch. 122, art. 
17, sec. '6.) 

Skc. 199. Unclainied Mo<>ey8. [6381. J If any sum of money 
directed by an order of the court to be distributed to heirs, 
next of kin or legatees shall remain for the space of one year 
unclaimed, the executor or administrator shall pay over the 
same to the treasurer of the county for the benefit of common 
schools of the county. (Laws 1876, ch. 122, art. 15, sec. 7.) 

Skc. 200 Common-school Fund. [5770.] All fines and 
penalties imposed, and all forfeitures incurred, in any county, 
shall be paid into the treasury thereof, to be applied to the 
support of common schools. (Gen. Stat. 1868, ch. 82, sec. 
332.) 



74 



DISTRICT SCHOOLS. 



[Ch.9 



CHAPTER IX.— District Schools. 



§201. 



202. 
203. 



204. 



Branches taught in common schools ; 

instruction in English language. 
School month defined. 
District schools free to all resident 

children. 
Penalty for violation of this article; 

shall not apply to officers of cities of 

first and second class. 



§205. 



206. 
207. 



208. 
209. 



Pupils with contagious diseases ex- 
cluded, when. 

When a tuition fee may be assessed. 

Five months' school required, if school- 
house be good. 

Levy of tax for same, manner of. 

Failure of school board to hire teacher. 



Section 201. Branches Taught. [Laws 1903, ch. 435, sec. 
1.] That in each and every school district shall be taught 
orthography, reading, writing, English grammar, geography, 
arithmetic, history of the United States, and history of the 
state of Kansas, and such other branches as may be deter- 
mined by the district board :^^ Provided, That the instruction 
given shall be in the English language. 

Sec. 202. School Month. [6197.] A school month shall 
consist of four vreeks of five days each, of six hours per day. 
(Laws 1876, ch. 122, art. 5, sec. 2.) 

Sec. 203. Free Schools. [6198.] The district schools es- 
tablished under the provisions of this act shall at all times be 
equally free and accessible to all the children resident therein 
over five and under the age of twenty-one years, subject to 
such regulations as the district board in each may prescribe. ^^ 
(Laws 186, ch. 122, art. 5, sec. 3.) 

Sec. 204. Penalty. [0199.] The members of any district 
board wilfully vi£>lating any of the provisions of this article, 
or refusing the admission of any children into the common 
schools, shall forfeit to the county the sum of $100 each for 
every month so offending during which such schools are 
taught; and all moneys forfeited to the common-school fund 
of the county under this act shall be expended by the county 
superintendent for the education of such children in the school 
district thus denied equal educational advantages : Provided, 
That any member of said board who shall protest against the 
action of his said board in excluding any children from equal 
educational advantages, or in violating any of the provisions 
of this article, shall not be subject to the penalty herein 



124. By Laws of 1885, chapter 169, section 1, physiology and hygiene, with 
special reference to the effects of alcoholic stimulants and narcotics upon the 
human system, must also be taught in each public school supported by public 
money and under state control (See section 84 of this book.) 

125. District boards and boards of education may make reasonable rules 
as to the time or times for entering the first grade of the primary depart- 
ment. 



CH. 9] DISTRICT SCHOOLS. 75 

named : And provided further, That the provisions of this act 
shall not apply to cities of the first or second class. (Laws 
1877, ch. 170, sec. 2.) 

Sec. 205. Contagious Diseases}^^ [6200.] No pupil infected 
with any contagious disease shall be allowed to attend any 
common school, or remain in any schoolroom while so in- 
fected. (Laws 1876, ch. 122, art. 5, sec. 5.) 

Sec. 206. Tuition Fee. [6201.] Whenever there be not 
public money enough belonging to any school district to sup- 
port a public school the length of time determined at the an- 
nual meeting, or at a special meeting duly called, the district 
board, to meet said deficiency, may assess a tuition^" fee upon 
each scholar attending such school, the assessment to be pro- 
portioned to the number of days each pupil has been in actual 
attendance during the term : Provided, That no tuition fee 
shall be levied upon the scholars in any of the public schools 
of this state, in accordance with the provisions of this act, 
unless the entire amount of one per cent, for teachers' wages, 
as required bylaw, be first assessed upon the taxable property 
of said school district. (Laws 1876, ch. 122, art. 5, sec. 6.) 

Sec. 207. Length of School Term. [Laws 1903, ch. 431, 
sec. 1 ] That in all school districts in this state in which 
there is a good and sufficient school building, ^^'^ a school shall 
be maintained for a period of not less than five months, be- 
tween the 1st day of October and the 1st day of June in each 
school year. 

Sec. 208. Tax Levy. [Laws 1903, ch. 431, sec. 2.] Should 
the legal voters of any school district, at their annual meet- 
ing or special meeting called for that purpose, or the school- 
district board, neglect, refuse or fail to provide a sufficient 
levy of tax upon the taxable property of such district to main- 
tain a public free school for a period of not less than five 
months in each school year, the county superintendent of 
such county shall, in conjunction with the county commis- 
sioners, immediately make an estimate of the amount neces- 
sary to support and maintain a public free school in such dis- 
trict for a period of not less than five months for the then 
ensuing school year, and certify the same to the county clerk 

126. This is not suspension as designated in section 245. 

127. See note 191, sec. 388. 

128. Absence oj Building. The absence of a "good and sufficient school 
building" cannot be used as an excuse for claiming the school dividend, if a 
district fails to have three months' school. Section 4, article 6, of the state 
constitution, provides that no school district in which a common school has 
not been taught at least three months in each year shall be entitled to re- 
ceive any portion of the state school fund. 



76 DISTRICT SCHOOLS. [CH. 9 

of such county ; and it is hereby made the duty of such county 
clerk to place the said levy upon the tax-roll of such county 
for that year, and such tax shall be collected at the same time 
and in like manner as other taxes are collected. 

Sec. 209. Duly of County Superintc/iident. [Laws 1903, ch. 
431, sec. 3.] The county superintendent shall, upon the fail- 
ure or refusal of the board of directors of any school district 
to provide and maintain such school as is provided by this 
act, on or before the 1st day of December of the current 
school year hire a teacher or teachers for such school dis- 
trict, and provide the necessary fuel and appendages for the 
maintenance of such school or schools, for at least five 
months during the current school year ; and upon the close 
of such school, and after the teacher of said school has made 
such reports of the same as provided by law, he shall certify 
to the treasurer of such district the amount due such teacher 
for his services, and also the amount due, and the party or 
parties to whom due, for fuel and other necessary expenses 
incurred in the support and maintenance of such school ; 
and it is hereby made the duty of the treasurer of such dis- 
trict to pay upon the order of such county superintendent 
the amount or amounts found due by said county superintend- 
ent, and the filing of a sworn itemized statement of the 
several amounts so found due by such person or persons : 
Provided, That any qualified voter of such district is hereby 
authorized to bring suit against such .county superintendent, 
in the name of and in behalf of the district, for failure to 
comply with the, provisions of this act, and all fines collected 
under the provisions of this act shall be paid into the county 
treasury, for the use and benefit of the county school fund of 
such county : Provided further. That the provisions of this act 
shall not apply to those school districts which will be required 
to levy more than two per cent.^-" to support and maintain 
such school as is provided for by this act. 

129. Limited to five mills by Laws 1903, ch. 245, sec. 25 (section 307 of 
this book.) Districts may have less than five months' school only when a 
levy of five mills is not sufficient to pay for a five months' school. If less 
than three months' school is had, such district cannot legally secure any 
part of the state school fund. 



Ch. 10] 



DISTRICT OFFICERS. 



77 



CHAPTER X.— District Officers. 



§210. Officers: term of office. 

211. Official oath. 

212. Forfeiture of office; vacancy, how filled. 

213. Duty of directors. 

214. Duty of district clerk. 

815. Clerk shall be ex officio clerk of all dis- 
trict meetings. 

216. Shall draw orders on district treasurer. 

217. Clerk's annual report; to whom made, 

when and how. 

218. County treasurers. 

219. Treasurer pay no money, when. 

220. Shall report to each county superintend- 

ent: joint district. 

221. Penalty for false report. 

222. District clerk shall report to county clerk 

a list of resident taxpayers. 

223. Fine for failure to report district tax to 

county clerk. 

224. Shall report to county superintendent, 

what. 

225. District and city clerks, and clerks of 

boards of education, shall report 
bonded indebtedness to county clerk. 

226. Fine for not delivering records to suc- 

cessor. 

227. District treasurer shall execute bond. 

228. Shall pay school moneys, on whose or- 

der. 

229. Shall receive school moneys from county 

treasurer, on whose order. 

230. District taxes voted but not levied in any 

year shall be collected with taxes of 
the year following. 



§231. District treasurer shall keep account, 
etc.: shall report in writing at annual 
meeting. 

232. Procedure, if he does not pay over mon- 

eys to his successor. 

233. Powers and duties of school-district 

board; schoolhouse site, etc. 

234. Shall have care of property of district. 

235. May open schoolhouse for the use of re- 

ligious, political, literary, scientific, 
mechanical or agricultural societies. 

236. The board may remove schoolhouse or 

other improvement, when : probate 
judge may appoint appraisers to con- 
demn site. etc. 

237. May admit non-resident pupils, when. 

238. Discontinue schools; send children to 

other districts. 

239. Send children to other districts, when. 

240. Shall hire qualified teachers; may dis- 

miss teachers for cause. 

241. Employment of relatives. 

242. Contracts void. 

243. Records and reports. 

244. Shall provide necessary appendages, 

when. 
24'>. May suspend a pupil for cause: appeal. 

246. Shall furnish teachers with daily regis- 

ter: shall visit schools. 

247. Shall cause district clerk to certify to 

county clerk the percentage of district 
taxes, when. 

248. Judgments, how obtained; the board 

liable, when. 



Section 210. Officers; Term. [fil59.] The officers of each 
school district shall be a director, clerk, and treasurer, who 
shall constitute the district board, ^^^ and who shall be elected 
and hold their respective offices as follows: At the annual 
meeting in 1874 there shall be elected a director, who shall 
hold his office for three years ; a clerk, who shall hold his of- 
fice for two years ; and a treasurer, who shall hold his office 
for one year;"^ and thereafter at each annual meeting there 
shall be elected one member of said board in place of the out- 
going member, who shall hold his office for three years, and 
until his successor shall be elected and qualified. ^'^ (Laws 
1876, ch. 122. art. 4. sec. 1.) 

130. The officers of a school district constitute the board of directors in 
such sense as to be able to transact the school business of the district only 
when in ses^iion as a district board. As the law is silent as to how, when and 
where the district board shall convrene, each board should adopt a set of rules 
for its own government, 

131. The director is elected in 1910, the treasurer in 1911, and the clerk 
in 1912. 

132. Compensation of District Officers. Neither the district meetiner nor 
the district board has the right to authorize or direct the payment of any 
compensation from the public fund to members of the board for their serv- 
ices. 

See section 438 for the term of officers chosen at special meetings. 



78 DISTRICT OFFICERS. [CH. 10 

Sec. 211. Official Oath. [6160.] School-district officers be- 
fore entering upon their official duties, shall take an oath to 
faithfully perform said duties ;^^^ and the chairman of any 
regular or special meeting is hereby authorized and empow- 
ered to administer such oath.^^* (Laws 1876, ch. 122, art. 4, 
sec. 2.) 

Sec. 212. Office Forfeited. [6161.] Every person duly 
elected to the office of director, clerk or treasurer of any 
school district, who shall refuse or neglect, without sufficient 
cause, to qualify within twenty days after his election or ap- 
pointment, or who, having entered upon the duties of his of- 
fice, shall neglect or refuse to perform any duty required of 
him by the provisions of this act, shall thereby forfeit his 
right to the office to which he was elected or appointed, and 
the county superintendent shall thereupon appoint a suitable 
person in his stead. ^^^ (Laws 1876, ch. 122, art. 4, sec. 3.) 

Sec. 213. Director. [6162.] The director of each district 
shall preside at all district meetings, and shall sign all orders 
drawn by the clerk, authorized by a district meeting or by 
the district board, upon the treasurer of the district, for 
moneys collected or received by him to be disbursed therein. 
He shall appear, for and in behalf of the district, in all suits 
brought by or against the district, unless other direction 
shall be given by the voters of such district, at a district 
meeting. (Laws 1876, ch. 122, art. 4, sec. 4.) 

Sec. 214. Clerk. [6163.] The clerk of each district shall 
record the proceedings of his district in a book provided by 
the district for that purpose, and enter therein copies of all 
reports made by him to the county superintendent ; and he 
shall keep and preserve all records, books and papers belong- 
ing to his office, and deliver the same to his successor in 
office. (Laws 1876, ch. 122, art. 4, sec. 5.) 

Sec. 215. Clerk of the Board. [6164.] The said clerk shall 
be clerk of the district board and of all district meetings, 

133. Neglect of Duty. Where a district officer neglects or refuses to per- 
form a duty, the proper proceeding to compel performance is a writ of man- 
damus. 

134. A district officer can qualify before the chairman of a district meet- 
ing, the county superintendent, or any one authorized by law to administer 
oaths. 

135. A county superintendent cannot remove a district officer. Such 
removal can be made only by an action brought in court. The vacancy be- 
ing declared, the county superintendent shall appoint. A member of the 
district board cannot continue to act as a member thereof after he ceases to 
be a resident of the district, nor has he the right to appoint a deputy to 
discharge the duties of the office. 



CH. 10] DISTRICT OFFICERS. 79 

when present ;^^® but if such clerk shall not be present at any 
district meeting, the voters present may appoint a clerk of 
such meeting, who shall certify the proceedings thereof, and 
the same shall be recorded by the clerk of the district. (Laws 
1876, ch. 122, art. 4, sec. 6.) 

^i;SttC. 216. Draiu Orders. [6165.] The clerk of the district 
shall draw orders on the treasurer of the district for moneys 
in the hands of such treasurer which have been apportioned 
to or raised by the district, to be applied to the payment of 
teachers' wages, and apply such money to the payment of 
the wages of such teachers as shall have been employed by 
the district board ; and said clerk shall draw orders on the 
said treasurer for moneys in the hands of such treasurer, to 
be disbursed for any other purpose ordered by a district 
meeting^" or by the district board, agreeable to the provisions 
of this act.^^^ (Laws 1876, ch. 122, art. 4, sec. 7.) 
.-. Sec. 217. Annual Report}^^ [6166.] The clerk of each dis- 
trict shall, at least five days previous to the annual meeting 
in July of each year, make a written report, which he shall 
submit and read to the legal voters of the district at the an- 
nual meeting for their information and consideration. If any 
change or alteration therein be necessary, the same shall be 
made, and it shall then be transmitted to the county superin- 
tendent of public instruction. Said report shall show: (1) 
The number of children,"*' male or female, designated sepa- 
rately, residing in the district or part of district on the last 
day of June previous to the date of such report, over the age 
of five and under the age of twenty-one years ; (2) the num- 
ber of children attending school during the year, their sex, 

136. In transacting the school business of the district, the members of the 
board should meet as a district board, the clerk making a complete record of 
all proceedings. Members of the school-district board have not the right to 
enter into contract obligating said board outside of a regular meeting, and 
such meeting is not legal unless all members have been notified of the call 
for the same. 

137. A clerk can legally draw an order upon the treasurer for the dis- 
bursement of moneys without a meeting of the district board, if the same 
has been authorized by a district meeting or by the district board at any 
prior meeting. Example: Order for teacher's wages. 

138. Should the director or other member of the board refuse to sign a 
legal order, payable to any party legally entitled to receive it, such officer 
may be compelled, by writ of mandamus, to sign. 

139. This section should be amended to be in harmony with the annual 
meetings held in April. In school districts holding their annual meeting in 
April, the school census cannot be reported, as it must show the number of 
persons of school age of the date of June 30. 

140. See section 88 of this book. The clerk is required to make the addi- 
tion to his report stated therein. 



80 DISTRICT OFFICERS. [CH. 10 

and branches studied ; (3) the length of time a school has 
been taught in the district by a qualified teacher, the name 
of the teacher, the length of time taught by each teacher, and 
wages paid; (4) the amount of money received from the 
county treasurer, arising from disbursement pf the state an- 
nual school fund, the amount received from district taxes, 
and the amount received from all other sources during the 
year, and the manner in which the same has been expended ; 
(5) the amount of money raised by the district each year, 
and the purposes for which it was raised ; (6) the kind of 
books used in the schools, and such other facts and statistics^" 
in regard to the district school as the county superintendent 
may require. ;Laws 1889, ch. 220, sec, 2.) 

Sec, 218, County Treasurers. [6167.] All county treasur- 
ers in this state are hereby required to notify clerks of all 
school districts in their respective counties, by mail or other- 
wise, ten days prior to the time fixed by law for holding the 
annual district meeting, of the amount of money drawn from 
the treasury by the district treasurer of his district since the 
commencement of the past school year, and shall also state 
in the same notification the balance remaining on hand, if 
any, in the county treasury to the credit of the respective 
districts. (Laws 1889, ch. 220, sec, 3.) 

Sec. 219, Treasurer Pay No Moufy, When. [6168.] The 
county treasurer shall pay no money to the district treasurers 
of his county after the close of the school year, June 30, un- 
til after the annual district meetings of the school districts 
have been held. _ (Laws 1889, ch, 220, sec, 4,) 

Sec. 220. Joint District. [6169.] Whenever a school dis- 
trict shall lie partly in two or more counties, the clerk of such 
district, in making his annual report shall carefully designate 
the number of children resident in the parts of the counties 
composing the district, and shall report to the county super- 
intendent of public instruction of each of the counties in 
which such district may be partly situated. (Laws 1876, 
ch. 122, art. 4, sec. 9.) 

Sec. 221. Penalty. [6170.] Every clerk of a district who 
shall wilfully sign a false report to the county superintend- 
ent of his county shall be deemed guilty of a misdemeanor, 
and punished by a fine not exceeding $100, or by imprison- 
ment not exceeding three months. (Laws 1876, ch, 122, art. 
4, sec. 10.) 

Sec, 222. Report to C'unty Clerk. [6171.] It shall be the 

141. The clerk is required to furnish such data as the county superin- 
tendent requires. 



CH. 10] DISTRICT OFFICERS. 81 

duty of the several district clerks in this state to make out a 
certified list of all persons residing within their respective 
districts liable to pay taxes, and transmit the same to the 
county clerks of their respective counties on or before the 
25th day of August annually, except in incorporated cities. 
(Laws 1876, ch. 122, art. 4, sec. 11.) 

Sec. 223. Failure to Repot. [6172.] Any district clerk 
who shall fail to report the tax voted by his district to the 
county clerk, as is provided by law, shall be liable to a fine of 
not less than fifty dollars ; and it is hereby made the duty of 
the county superintendent to have the provisions of this act 
enforced. (Laws 1876, ch. 122, art. 4, sec. 12.) 

Skc. 224. Other Reports. [6173.] The district clerk shall 
report to the county superintendent in writing the names and 
post-office addresses of the district officers elect, within two 
weeks after the said officers shall have been elected or ap- 
pointed and qualified. The clerk shall also report to the 
county superintendent the time of the commencement of each 
term of school, within two weeks from the commencement of 
such term. (Laws 1876, ch. 122, art. 4, sec. 13.) 

Sec. 225. Report of IndeUednexs. [7797] That in addition 
to the duties now required by law of the following officers, to 
wit, township clerks and clerks of incoporated cities, school- 
disirict clerks and clerks of boards of education, they shall 
each of them make and transmit to the clerk of their respect- 
ive counties, on or before the 5th day of July in each year, a 
complete certified statement of the floating and bonded in- 
debtedness, with date of issuing and maturing of outstand- 
ing bonds; amount of sinking-fund, if any, for redeeming 
the same ; and such other information as may be required by 
the county clerk concerning the financial condition of their 
respective townships, cities, or districts ; and when no out- 
standing indebtedness exists, such fact shall be reported. 
(Laws 1877, ch. 90, sec. 1.) 

Sec. 226. Records^. [6180] Every school-district clerk or 
treasurer who shall neglect or refuse to deliver to his suc- 
cessor in office all records, books and papers belonging to his 
office shall be subject to a fine not exceeding fifty dollars. 
(Laws 1876, ch. 122, art. 4, sec. 20.) 

Se«\ 227. Treasurer; Bond. [6174.] The treasurer shall 
execute to the district a bond in double the amount, as near 
as can be ascertained, to come into his hands as treasurer 
during the year, with sufficient securities, to be approved by 
the director and clerk, conditioned to the faithful discharge 

-3* 



82 DISTRICT OFFICERS. [CH. 10 

of the duties of said office. ^^^ Such bond shall be justified by 
the affidavit of the principal and his sureties : Provided, That 
the director of the district or the county superintendent of 
public instruction shall be authorized to administer the oaths 
in the justification of the treasurer and his sureties. And 
said bond shall be filed with the district clerk, and in case of 
the breach of any conditions thereof, the director shall cause 
a suit to be commenced thereon, in the name of the district, 
and the money collected shall be applied by such director to 
the use of the district, as the same should have been applied 
by the treasurer ; and if such director shall neglect or refuse 
to prosecute, then any householder in the district may cause 
such prosecution to be instituted. (Laws 1879, ch. 156, 
sec. 1.) 

Sec. 228. Duties. [6175.] The treasurer of each district 
shall pay out, on the order of the clerk, signed by the director 
of the district, all public moneys which shall come into his 
hands for the use of the district."^ (Laws 1876, ch. 122, art. 
4, sec. 15.) 

Sec. 229. Receive School Moneys. [6176.] The county 
treasurer shall pay to each district treasurer in the county all 
school moneys in the county treasury belonging to the dis- 
trict, upon the order of the director and clerk of the district : 
Provided, That said order shall be accompanied by a certifi- 
cate from the district clerk, stating that the treasurer of the 
district has executed and filed his bond as required by law. 
(Laws 1876, ch. 122, art. 4, sec. 16.) 

Sec. 230. DiMrict Taxe^. [6177.] Where a school district 
tax has been voted, and from the fault or negligence of any 
officer, or any other cause, has not been leviec^ and collected 
in any year, the same shall be added to and collected with 
the taxes of the year following ; and the county treasurer 
shall pay over to the treasurers of the respective school dis- 
tricts all taxes he may have collected for the said districts, 
on the order of the district clerk, countersigned by the di- 
rector, subject to the proviso contained in section 52 of this 
act."* (Laws 1876, ch. 122, art. 4, sec. 17.) 

142. It is not proper for either the director or the clerk to become surety 
for the treasurer. It is not necessary that the treasurer's bondsmen be 
residents of the district, though they ought to reside in the county. The 
bond becoming insufficient from any cause, the director and clerk may re- 
quire the bond to'be made good. 

143. Registration. When a warrant is presented and not paid for want 
of funds, it is the duty of the treasurer to register the same, and, when the 
proper funds are received, to pay said warrant, and all others which have 
been similarly presented, in the regular order of registration. 

144. Section 229 of this book. 



CH. 10] DISTRICT OFFICERS. 83 

Sec. 231. Records and Beports. [6178.] The treasurer 
shall keep a book in which he shall enter all the moneys re- 
ceived and disbursed by him, specifying particularly the 
sources from which money has been received and the person 
or persons to whom and the objects for which the same has 
been paid out. He shall present to the district, at each an- 
nual meeting, a report in writing, containing a statement of 
all moneys received by him from the county treasurer during 
the year ; also, all moneys collected by him during the year 
from assessments in the district, and of the disbursements 
made by him, with the items of such disbursements, and ex- 
hibit the vouchers therefor, which report shall be recorded by 
the district clerk ; and at the close of his term of office shall 
settle with the district board, and shall hand over to his suc- 
cessor said book, and all receipts, vouchers, orders and pa- 
pers coming into his hands as treasurer of the district, 
together with all the moneys remaining in his hands as such 
treasurer. (Laws 1876, ch. 122, art. 4, sec. 18.) 

Siic. 232. Prosecution for Failure. [6179.] If any district 
treasurer shall refuse or neglect to pay over any money in his 
hands belonging to the district, it shall be the duty of his 
successor in oflBce to prosecute without delay the official bond 
of such treasurer, for the recovery of such money ."^ (Laws 
1876, ch. 122, art. 4, sec. 19.) 

Sec. 23-3. Poiuers of Board. [6181.] The district board 
shall purchase or lease such a site for a schoolhouse as shall 
have been designated by the voters at a district meeting, in 
the corporate name thereof, and shall build, hire or purchase 
such schoolhouse as the voters of the district in a district 
meeting shall have agreed upon, out of the funds provided 
for that purpose, and make sale of any schoolhouse site or 
other property of the district, and, if "necessary, execute a 
conveyance of the same in the name of their office, when law- 
fully directed by the voters of such district at any regular or 
special meeting, and shall carry into effect all lawful orders 
of the district. (Laws 1876, ch. 122, art. 4, sec. 21.) 

Sec. 234. School Property. [6182.] The district board 
shall have the care and keeping of the schoolhouse and other 
property belonging to the district. They shall have power 
to make such rules and regulations relating to the district li- 
brary as they may deem proper, and to appoint some suitable 
person to act as librarian, and to take charge of the school 
apparatus belonging to the district. (Laws 1876, ch. 122, 
art. 4, sec. 22.) 

145. See section 226 of this book for penalty for refusing or neglecting 
to turn over all records to successor. 



84 DISTRICT OFFICERS. [CH. 10 

Sec. 235. Use of Schoolhouse. [6194.] The district board 
shall have the care and keeping of the schoolhouse and other 
property belonging to the district. They are hereby author- 
ized to open tlie schoolhouse for the use of religious, political, 
literary, scientific, mechanical or agricultural societies'*" be- 
longing in their district, for the purpose of holding the busi- 
ness or public meetings of said societies, under such regulations 
as the school board may adopt. "^ (Laws 1876, ch. 125, sec. 1.) 

Skc. 236. Removal of Schoolhouse, etc. [6193.] That when- 
ever a schoolhouse or other improvements have been made 
upon the claim of any settler upon any of the public, Indian 
or railroad lands within this state, to which the said settler 
had no title, it shall be lawful for the school directors of the 
proper school district to remove the said schoolhouse or other 
improvements from the said claim at any time within one 
year from the time that the settler in any given case may ac- 
quire a title to his said claim : Provided, That if the said 
settler, in any given case, shall convey to said board of school 
directors one acre of the land upon which said schoolhouse 
or other improvements are situated, the same shall not be re- 
moved : And provided fwther. That if any schoolhouse shall 
have been built of stone, brick, or frame, costing not less than 
$500, the probate judge of the county shall appoint three dis- 
interested persons, who shall appraise and condemn one acre 
of such land upon which said improvements shall have been 
located ; and it shall be the duty of the school director of such 
district to pay the owner of such land the value of such land 
as found by said appraisers. (Laws 1876, ch. 122, art. 4, 
sec. 32.) 

Sec. 237. Non-resident Pap ih. [6183.] The district board 
shall have power to admit scholars from adjoining districts. 
(Laws 1876, ch. 122, art. 4, sec. 23.) 

Sec. 238. Discominue Schools. [Laws 1905, ch. 386, sec. 
1.] In any school district, if in the judgment of the district 
board, the county superintendent concurring, the number of 
children in said district and the distance of same from the 
schoolhouse would not warrant the continuance of the school 
in said district, it shall then be lawful for the district, at its 
annual or special meeting called for the purpose hereinafter 
stated, and called in acccordance with the law providing for 

146. The law restricts the board to the several societies named in the 
above election. The board cannot legally open the schoolhouse for uses 
other than the above, aside from the use of the schoolhouse for all business 
connected directly with the schools of the district. 

147. This section does not mean that school boards must open the school- 
house for the purposes mentioned, but that they may, if they think it best 
to do so. 



CH. 10] . DISTRICT OFFICERS. 85 

special meetings in school districts, to make provision for the 
sending of the children of such district to such other school 
or schools as may seem in their judgment best, and for such 
purpose the school board is authorized to issue the warrants 
of said district in payment of expenses and tuition of such 
children : Provd'd, Such expense and tuition shall not exceed 
ten dollars per month for each child nor forty-five dollars in 
any one month for all of said children that may be sent to 
other schools : And provided furth.'-r, That such discontinu- 
ance of the school in said district shall not bar the district 
from its share of the state school fund, if said children are 
continued in the school or schools of other districts the full 
time required by law for the maintenance of school in the 
districts. 

Skc. 239. S^vd Children to Other Districts. [Laws 1907, ch. 
321, sec. 2.] If in any school district there are children for 
-whom it will be more convenient, by reason of distance from 
the school of the district where they live, to attend school in 
another district, the annual school meeting may make an 
order sending such children to the school of some other con- 
venient district, and the school board is hereby authorized to 
issue the warrants of the' district in payment of the extra ex- 
pense and tuition of such children : Pr<>vidfd, That not ex- 
ceeding four dollars per month shall be paid for each child : 
Provided further, That the children of any property-owner 
owning land in any adjoining school district, other than in 
towns and incorporated cities, may have the privilege of at- 
tending school in such adjoining district without extra ex- 
pense and tuition, when such school is more convenient by 
reason of distance from the school of the district in which 
they live. 

Skc. 240'. Teachers. [8184.] The district board in each 
district shall contract with and hire qualified teachers^*® for 
and in the name of the district,"^ which contract shall be in 
writing, and shall specify the wages per week or month as 
agreed upon by the parties, and such contract shall be filed 
in the district clerk's office, ^^^ and, in conjunction with the 

148. It is held (1) that a "qualified" teacher is one holding a legal cer- 
tificate; a contract with any other than a legally qualified teacher is not a 
legal contract; (2) should the teacher's certificate expire by limit of date 
during a term of school, said teacher must procure a new certificate or the 
contract becomes null and void ; and (3) a contract to teach made by a dis- 
trict board with a member of said board is contrary to public policy. ,| 

149. Contract. It is not legal for a school-district board, previous to the 
annual meeting, to employ teachers for the new term of school. 

150. Teachers are entitled to pay for the time during which school is dis- 
missed due to the prevalence of a contagious disease in the district. 



86 DISTRICT OFFICERS. . [CH. 10 

county superintendent, may dismiss for incompetency, 
cruelty, negligence, or immorality .^^^ (Laws 1876, ch, 122, 
art. 4, sec. 24.) 

Sec. 241. Employment of Relatives. [6240.] Any person 
being related to a school-district officer as husband or wife, 
son or daughter, shall not be eligible to the position of teacher 
in such school district, unless employed by a unanimous vote 
of all the members of such board. (Laws 1901, ch. 304, sec. 1.) 

Sec. 242. Contracts Void. [6241.] Any contract made in 
violation of this act ^^^ shall be null and void, and any school- 
district officer so violating shall be liable to the person or 
persons so employed for all claims such person or persons 
may have against such district for wages. (Laws 1901, ch. 
304, sec. 2.) 

Sec. 243. Records and Reports. [6202.] It shall be the 
duty of the teachers of every district school or graded school 
to keep, in a register for this purpose, a daily record of the 
attendance and the deportment of each pupil, and of the 
recitations of each pupil in the several branches pursued in 
said school, and to make out and file with the district clerk, 
at the expiration of each term of the school, a full report of 
the whole number of scholars admitted to school during such 
term, distinguishing between male and female, the text-books 
used, the branches taught, and the number of pupils engaged 
in the study of said branches, and any other information the 
district board or county superintendent may require. ^^^ The 
wages of a teacher for the last month of a school term shall 
not be paid by'any district board, unless said teacher shall 
have complied with the requirements of this section. (Laws 
1876, ch. 122, art. 6, sec. 1.) 

Sec. 244. Necessary Appendages. [6185.] The district board 
shall provide the necessary appendages^^* for the schoolhouse 

151. Janitor Work. In the absence of any law making it the duty of the 
teacher to assume the responsibility of janitor work necessary for the com- 
fort and good order of the school under her charge, such work being neces- 
sary and indispensable, and further, since the provision for the equipment 
of the school is clearly the duty of the board, the inference certainly must 
be that the care of the schoolhouse properly belongs to the district board, 
and in no way can it be construed as a part of the teacher's duties, unless 
the contract entered into by the same shall so provide. Teachers cannot col- 
lect pay for janitor service unless the contract so provides. 

152. See section 241 of this book. 

153. See section 90 of this book for additional reports required under the 
compulsory- education law. 

154. The term "appendages" should be construed broadly, so as to in- 
clude necessary improvements, such as well, privy, fence, etc. (30 Kan. 
378.) 



CH. 10] DISTRICT OFFICERS. 87 

during the time a school is taught therein, and shall keep an 
accurate account of all expenses thus incurred, and present 
the same for allowance at any regular district meeting, (Laws 
1876, ch. 122, art. 4, sec. 25.) 

Sec, 245. Suspend Pupil; Appeal. [6186.] The district board 
may suspend, or authorize the director to suspend,"' from 
the privileges of a school, any pupil guilty of immorality or 
persistent violations of the regulations of the school, which 
suspension shall not extend beyond the current quarter of the 
school : Provided, That the pupil suspended shall have the 
right to appeal from the decision of said board of directors to 
the county superintendent, who shall, upon a full investiga- 
tion of the charges preferred against said pupil, determine as 
to his guilt or innocence of the offense charged, whose de- 
cision shall be final. "^ (Laws 1876, ch. 122, art. 4, sec. 26.) 

Sec. 246. District Board's School Duties. [6187.] The 
district board shall furnish each teacher with a suitable daily 
register, and shall visit together, or by one or two of their 
number, all the schools of their district, at least once a term, 
and at such other periods during the term as in their opinion 
the exigencies of each school may require ; at which visits 
they shall examine the register of the teacher and see that it 
is properly kept, and inquire into other matters touching the 
schoolhouse, facilities for ventilation, furniture, apparatus, 
library, studies, discipline, modes of teaching, and improve- 
ment of the school ;^" shall confer with the teacher in regard 
to condition and management, and make such suggestions as 
in their view would promote the interest and eflSciency of the 
school and the progress and good order of the pupils. The 
date and results of such visits shall be entered by the clerk 

155. Pupils between the ages of eight and fifteen can be suspended only 
temporarily, when they are required by the compulsory-attendance law to 
attend school. (See section 78.) Cases of incorrigibility come within the ju- 
risdiction of the juvenile court when the accused is under the age of sixteen 
years. ( See section 86. ) 

156. The right of the teacher to punish for misconduct extends from the 
time the pupil leaves home to go to school until he returns home from school. 
This, however, does not relieve the parent from control of the child on his 
way to and from school. The control of school children on their way to and 
from school should be exercised concurrently by the parents and teacher. 
In case of grave misconduct, the teacher can suspend a pupil until the board 
can be notified of such action, except when required by the compulsory- at- 
tendance law to attend school. Due diligence must be used by the teacher 
to serve notice on the board. 

157. A school board has a right to make a rule requiring constant and 
prompt attendance at school, such a rule having in view the securing of the 
very object contemplated in the law establishing public schools. The inter- 
ests of the pupil and of all the members of the school require promptness 
and regularity in attendance. Courts have held that such a rule may be 
enforced. See chapter IV of this book. 



88 DISTRICT OFFICERS. [CH. 10 

of the board on their minutes. ^^^ (Laws 1876, ch. 122, art. 
4, sec. 27.) 

Sec. 247. Taxes. [Laws 1909, ch. 214, sec. 2.] It shall 
be the duty of the school-district clerk to certify to the county 
commissioners of their respective counties, on or before the 
25th day of July, annually, the aggregate amount by them 
determined in each district to be necessary for school pur- 
poses. Upon the receipt of such certification the county com- 
missioners shall, on or before the first Monday in August, 
annually, levy on the real and personal property in each dis- 
trict, as returned by the assessment roll of the county, a 
percentage which will produce an amount equal to and not 
exceeding by more than one per cent, the amount certified 
by the district clerl^. And the county clerk is hereby author- 
ized and required to place the same on the tax-roll of said 
county, in a separate column or columns, designating the 
purpose for which such taxes were levied ; and the said taxes 
shall be collected by the county treasurer and paid over to 
the treasurers of the respective school districts in the county, 
with the same power and restrictions and under the same 
regulations and in all respects as to the sale of real or per- 
sonal property. He shall be authorized and he is hereby re- 
quired to act according to the provisions and requisitions of 
the law for the collection of taxes for state and county pur- 
poses. 

Skc. 248. Judgments. [6192.] Whenever any final judg- 
ment shall be obtained against any school district, the district 
board shall levy, a tax on such taxable property in the district 
for the payment thereof. ^^^ Such tax shall be collected as 
other school-district taxes, but no execution, shall issue on 
such judgment against the school district; and in case the 
district board neglect to levy a tax as aforesaid for the space 
of thirty days after such judgment shall become final, or in 
case the proper officer shall neglect to collect the tax levied 
within the time and in the manner provided by law, then the 
judgment creditor of the district may have and recover a 

158. Powers of District Board. The district board has the power to 
prescribe the necessary rules and regulations for the management and gov- 
ernment of the school. They may require a classification of pupils with re- 
spect to the branches of study pursued, and with respect to proficiency or 
degree of advancement in the same, and that there shall be prompt attend- 
ance, diligence in study, and proper deportment, and can determine the 
branches to be taught other than those required by law. 

159. A judgment tax may be levied in addition to the three and one-half 
mills for general school purposes, and the amount of tax which may be 
levied to pay a judgment is not limited. 



CH. 10] DISTRICT OFFICERS. 89 

judgment against the officer or officers so in default for the 
amount due him on such judgment against the district, with 
costs, upon which execution shall issue. (Laws 1876, ch. 
122, art. 4, sec. 31.) 



90 



FINES AND PENALTIES. 



[Ch. 11 



CHAPTER XI.— Fines and Penalties. 



5 249. Jurisdiction of justices of the peace. 

250. Fines and penalties, how collected. 

251. Penalty for receiving bonus from pub- 

lisher of school-books. 



§252. Officers prohibited from taking con- 
tracts, doing work for profit, or fur- 
nishing material. 



Section 249. Jurisdiction. [6255.] Justices of the peace 
shall have jurisdiction in all cases in which a school district 
is a party interested, when the amount claimed by the plain- 
tiff shall not exceed |100 ; and the parties shall have the 
right of appeal, as in other cases. (Laws 1876, ch. 122, art. 
9, sec. 1.) 

Sec. 250. How Collected. [6256,] All fines and penalties 
not otherwise provided for in this act shall be collected by an 
action in any court of competent jurisdiction. (Laws 1876, 
ch. 122, art. 9, sec. 2.) 

Sec. 251. Penalty for Receiving Bonus. [6257.] If the state 
superintendent, or any county superintendent of public in- 
struction, shall receive from the publisher of any school- 
books, or from any other person interested in the sale or 
introduction of any book into the public schools in the state, 
any money or bonus in any manner as an inducement for the 
recommendation or introduction of any such book into the 
public schools of the state, such superintendent shall, upon 
conviction thereof before any court of competent jurisdiction, 
be found guilty of a misdemeanor, and shall be fined in a 
sum not less than |1000 nor exceeding |5000, or shall be im- 
prisoned in the penitentiary for any time not less than one 
year nor more than five years, or both such fine and impris- 
onment, (Laws 1876, ch. 122, art. 9, sec. 3.) 

Sec. 252. Officers Prohibited from Talcing Contracts, Doing 
Work for Profit, or Furnishing Material. [2364.] That all 
ofiicers, state and county, and all officers appointed or elected 
for the purpose of overseeing and directing any of the public 
improvements of the state, and all officers holding and exer- 
cising any office of trust or profit under and by virtue of any 
law of the state, be and they are hereby prohibited from tak- 
ing any contract, or performing or doing or having performed 
or done for their own profit, any work in and about the office 
holden by thefn, or in or about any work over which they 
have in whole or in part the supervision, direction or control, 
and from furnishing any materials used in any such work, 
and from furnishing for the use of any institution, public 



CH. 11] FINES AND PENALTIES. 91 

work, county, township, or other interest, the protection of 
which interest is a part of the duties of his office, any fire- 
wood, clothing, materials for building, or other things re- 
quired by such institution, public work, county, township or 
other interest so in the keeping, in whole or in part, of such 
person. (Laws 1867, ch. 132, sec. 4.) 



92 



FIRE PROTECTION. 



[Ch. 12 



CHAPTER XII.— Fire Protection. 



§ 257. Inspection, duty of school boards. 

258. Fire drills. 

259. Penalty. 

260. Time for compliance. 



§ 253. Doors of schoolhouses. 

254. Exits, fire-escapes. 

255. Furnaces. 

256. Plans of buildings submitted to state 

architect. 

Section 253. Doors of SchooUiouses. [Laws 1909, ch. 209, 
sec. 1.] That the doors of all public or private schoolhouses 
of more than one story shall open outwards, and all doors of 
schoolhouses shall remain unlocked while school is in session. 

Sec. 254. Exits, Fire-escnpfs. [Laws 1909, ch. 209, sec. 2.] 
That in every public or private schoolhouse of two or more 
stories every story above the first shall be provided with either 
two or more exits from the upper floor separate and distinct 
from the exits of the lower floor, or shall be provided with 
sufficient and suitable fire-escapes, which shall be built of 
iron or steel. 

Sec. 255. -Furnaces. [Laws 1909, ch. 209, sec. 3.] That 
the tops of all furnaces in public and private schoolhouses 
shall be covered with asbestos covering or masonry, and the 
top of such furnace shall not be nearer than eighteen inches 
to the nearest woodwork above. The ceiling above said fur- 
naces shall be covered with asbestos. 

Sec. 256. Plans of Buildings Submitted to State Architect. 
[Laws 1909, ch. 209, sec. 4.] That no contract shall be let 
for the erection j)f any school building, nor shall any public 
funds be paid out for the erection of schoolhouses of two or 
more stories, until the plans for such buildings shall have 
been submitted to the state architect and approved as to all 
the requirements of this act. __^__^ 

Sec. 257. Inspection ; Duty of School Boards. [Laws 1909, 
ch. 209, sec. 5.] That each county superintendent shall an- 
nually inspect each public-school building, including the 
county-high-school building, in districts under his super- 
vision ; and the mayor or fire marshal shall annually inspect 
all public and private school buildings in cities of the second 
class; and the fire marshal shall annually inspect all public 
and private school buildings in cities of the first class. The 
examining officer under this section shall report to the re- 
spective school boards having jurisdiction any violation of 
this act, or any conditions which he may deem dangerous, or 
which will in any way prevent a speedy exit from the build- 
ing, and it shall be the duty of said school board when thus 



CH. 12] FIRE PROTECTION. 93 

notified immediately to make such changes as are required by 
this act, and such boards are hereby authorized to draw upon 
their general revenue funds, without further appropriation, 
to comply with all the requirements of this act. 

Sec. 258. Fire-drills. [Laws 1909, ch. 209, sec. 6 ] That 
in every public or private school having more than one hun- 
dred pupils (excepting colleges and universities) a fire-drill 
and summary dismissal from the bujlding shall be practiced 
at least once each month at some time during school hours, 
aside from the regular dismissal at the close of the day's 
session. 

Sec. 259. Penalty. [Laws 1909, ch. 209, sec. 7.] That 
any officer or member of a school board who shall permit any 
provisions of this act to be violated for sixty days may be re- 
moved from his office by a civil action. Independent of such 
civil action, any officer, member of a school board, city super- 
intendent, principal or teacher violating any provision of this 
act shall be guilty of a misdemeanor, and shall be punished by 
a fine of not less than fifty dollars or more than five hundred 
dollars, or by imprisonment in jail not exceeding six months, 
or by both such fine and imprisonment : Provided, however. That 
this act shall not prevent the prosecution and punishment of 
an officer or other person under the ordinary provisions of 
the crimes act for death or injury to any child in a public or 
private school occasioned by the negligence of such officer or 
other person. 

Sec. 260. Time for com pHancfi. [Laws 1909, ch. 209, sec. 8.] 
That within sixty days after the taking effect of this act the 
provisions of section 1 of this act must be fully complied 
with, and within one hundred and twenty days the provisions 
of sections 2 and 3 must be complied with ; and any neglect 
to comply with the provisions of this act beyond the times 
herein specified shall subject the officers and persons named 
in this act to the penalties prescribed in this act. 



94 



INDUSTRIAL EDUCATION. 



[Ch. 13 



CHAPTER XIII.— Industrial Education. 



§ 261. Tax for industrial training. 

262. Boards may provide schoolrooms. 

263. State Board prescribes course and 

standard. 



§ 264. Report to state superintendent. 

265. State aid. 

266. Appropriation for. 



Section 261. Tax for Industrial Training. [Laws 1903, 
ch. 20, sec. 1.] The board of education in each city of the 
first class and second class, and the annual school meeting of 
any school district, may, in addition to the other levies, levy 
a tax not to exceed one-half mill"" upon the dollar of assessed 
valuation in cities of the first and second class, and not to 
exceed one mill* on the dollar of the assessed valuation in all 
other cities and school districts, for the equipment and main- 
tenance of industrial-training schools or industrial-training 
departments of the public schools. The sum raised by such 
levies shall be expended for the purpose named in this act 
and no other. 

Sec. 262. Boards May Provide Schoolrooms. [Laws 1903, 
ch. 20, sec. 2.] Said board of education and district board, 
upon such levy being made, may provide for a separate school 
or a separate department in some existing school, and may 
employ such teachers as they think are competent to give in- 
struction in industrial training, as required by their course 
of study ; and it shall be the duty of such board to provide, 
from the funds received under the provisions of this act, the 
necessary books, appliances and room for such instruction, 
and it shall be the duty of such board to prescribe a course of 
study to meet the special needs of the district or city, which 
course of study must be approved by the State Board of Edu- 
cation. 

Sec. 263. State Board Prescribes Course and Standard. 
[Laws 1903, ch. 20, sec. 3.] The State Board of Education 
shall establish a standard for teachers of industrial training, 
and shall grant special certificates to those who are fully 
qualified to give instruction therein ; and they shall prescribe 
the course of study in industrial training to be used in the 
state. 

Sec. 264. Report to State Superintendent. [Laws 1903, ch. 
20, sec. 4] On the 1st day of July in each year, the clerk of 

160. Limited to one-eighth of a mill by Laws 1909, ch. 245, sec. 25 (sec- 
tion 307 of this book). 

* Limited to one-quarter of a mill by Laws 1909, ch. 245. sec. 25 (section 
307 of this book). 



CH. 13] INDUSTRIAL EDUCATION. 95 

each school board or district maintaining a school or depart- 
ment for industrial training as aforesaid, and desiring state 
aid, shall make a report, duly certified, to the state superin- 
tendent of public instruction, in such form as may be re- 
quired, setting forth the facts relating to the cost of main- 
taining such school or department for industrial training, the 
character of the work done, the number and names of the 
teachers employed in such work, and the length of time such 
school or department was maintained during the preceding 
year. Upon receipt of such report, the state superintendent, 
when satisfied therefrom, and from such other investigation 
as he may deem advisable, that such school or. department 
for industrial training has been established and maintained 
for a period of six months in the year immediately preceding, 
and has been taught by a special teacher or teachers having 
the qualifications mentioned in sections 3 and 4 of this act,^" 
shall make a certificate to that efi'ect, showing also the 
amount of money expended by such school district in the 
twelve months immediately preceding the 1st day of July of 
each year in maintaining such school or department for in- 
dustrial training, and submit such certificate to the state 
auditor. 

Sec. 285. State Aid }^^ [Laws 1903, ch. 20, sec. 5.] Upon 
receiving such certificate mentioned in section 4^^ of this act, 
the state auditor shall draw his warrant upon the state 
treasurer, payable to the treasurer of the school district or 
board of education maintaining said school or department, 
for a sum of money equal to that contributed by such school 
district for such purpose, but not exceeding the sum of $250 : 
And 'provided, That the total sum of money contributed by the 
state as aforesaid for such purposes shall not exceed the sum 
of $10,000 in any one year. 

Sec. 266. Appropriation.^'' [Laws 1903, ch. 20, sec^ 6.] 
For carrying out the provisions of this act, the sum of 
$20,000, or so much as may -be necessary, is hereby appro- 
priated out of the stats treasury, out of any money not other- 
wise appropriated. 

161. Sections 263 and 264 of this book. 

162. State aid will not be available hereafter unless succeeding legisla- 
tures make appropriations for this purpose. No appropriation was made for 
1909-'10 or 1910-'ll. 

163. See section 264 of this book. 



96 



JUVENILE COURT. 



[CH. 14 



CHAPTER XIV.— Juvenile Court. 



§282. 

283. 
281. 

285. 

286. 
287. 
288. 
289. 
290. 
291. 



292. 
293. 
294. 

295. 
296. 

267. 



Parents responsible for delinquency of 
children; penalty. 

Suspension of sentence; release; bond. 

Custody of child during suspension of 
sentence. 

Forfeiture of bond and term of proba- 
tion. 

Judgment in case of forfeiture of bond. 

Acts not repealed 

Detention home; juvenile farm. 

Government of detention home. 

Record cf inmates of detention home. 

Tax levied for detention home or juve- 
nile farm ; salary of matron or super- 
intendent. 

Annual report of judge of juvenilecourt. 

Jurisdiction after the age of sixteen. 

Compensation in counties having a pop- 
ulation of over 25,000. 

Jurisdiction. 

Police and sheriff entitled to witness 
fees. 

Blanks. 



iS267. Probate judge; jurisdiction; authority; 
fees. 

268. Over whom the juvenile court has juris- 

diction. 

269. Probation officer ; appointed ; duties ; 

truant officer. 

270. Who may make the complaint. 

271. Summoning custodian of child. 

272. Custody of child; continuance of the 

hearing. 

273. Care of dependent or neglected child. 

274. The child as the ward of an association 

or individual. 
875. The child committed to the care of a 
probation officer. 

276. The court may revoke the custody. 

277. Child under sixteen not to be taken be- 

fore courts other than juvenile courts. 

278. Appeals to district court. 
879. Assistance of ci ty and county attorneys, 

and other officials. 

280. Discretion of juvenile court as to penal- 

ties of state laws and city ordinances. 

281. Care and custody of child to be parental. 

Sectiov 267. Probate Judge; Jurisdiction; Authority; Fees. 
[Laws 1905, eh. 190, sec. 1.] That there be and hereby is 
created and established in each county of the state a court, 
to be known as the "juvenile court," whose jurisdiction shall 
pertain to the care of dependent, neglected and delinquent 
children. The probate judge of each county shall be the 
judge of the juvenile court in his county, and he shall be fur- 
nished by the board of county commissioners, at the expense 
of the county, with such dockets, records, and blanks, upon 
his requisition,, as may be necessary in the conduct of the 
business of the court. Said court shall have jurisdiction of 
all cases concerning dependent, neglected and .delinquent chil- 
dren in their respective counties, shall be open at all times for 
the transaction of business, and may make such disposition 
of cases as is hereinafter provided. They shall have authority 
to issue subpoenas for witnesses, and compel their attendance 
by attachment as for contempt, and to issue all other process 
that may be necessary in any case, the same as justices of the 
peace are authorized to do in misdemeanors. All writs and 
process shall be served by the probation officer of the court, 
or, in his absence, by some person especially deputized for 
that purpose by the court. The judge of the juvenile court 
shall receive.as compensation for his services the same fees as 
are allowed the probate judge for like services, and said fees 
shall be in addition to all fees or salary received by him as 
judge of the probate court ; said fees are to be allowed by the 
county commissioners and paid out of the county treasury. 



CH. 14] JUVENILE COURT. 97 

Sec, 268. Over Whom the Juvenile Court has Jurisdiction. 
[Laws 1905, ch. 190, sec. 2.] This act shall apply only to 
children under the age of sixteen years, not now or herein- 
after inmates of any state institution or any industrial school 
for boys or industrial school for girls or some institution in- 
corporated under the laws of this state : Provided, That when 
jurisdiction has been acquired under the provision hereof over 
the person of a child, such jurisdiction may continue for the 
purposes of this act until the child has attained its majority. 
For the purpose of this act, the words "dependent child" and 
"neglected child" shall mean any child who for any reason 
is destitute or homeless or abandoned, or dependent upon the 
public for support, or has not proper parental care or guard- 
ianship, and has idle and immoral habits, or who habitually 
begs or receives alms, or who is found living in any house of 
ill-fame or with any vicious or disreputable persons ; or whose 
home, by reason of neglect, cruelty or depravity on the part 
of its parents, guardian or other person in whose care it may 
be, is an unfit place for such a child ; or any child under the 
age of ten years who is found begging, peddling, or selling 
any article, or singing or playing any musical instrument 
upon the street, or who accompanies or is used in aid of any 
person so doing. The words ' ' delinquent child ' ' shall include 
any child under the age of sixteen years who violates any law 
of this state or any city, town or village ordinance ; or who is 
incorrigible ; or who knowingly associates with thieves, vicious 
or immoral persons ; or who is growing up in idleness or crime ; 
or who knowingly patronizes any pool-rooms or place where 
gambling devices are operated. The word "child" or "chil- 
dren ' ' may mean one or more children , and the word ' ' parent ' ' 
or "parents" may be held to mean one or both parents, when 
consistent with the intent of this act. The word "associa- 
tion" shall include any corporation which includes in its 
purpose the care or discipline of children coming within the 
meaning of this act. 

Sec. 269. Probafion Officer; Appointed; Duties; Truant Officer. 
[Laws 1905, ch. 190, sec. 3.] The juvenile court having 
jurisdiction under this act shall appoint or designate one or 
more discreet persons of good character to serve as probation 
officers during the pleasure of the court ; said probation of- 
ficer shall receive as compensation, from the public treasury, 
a sum to be fixed by the court, said sum not to exceed two 
dollars per day for services actually performed : Provided, 
That, in cities having a population of fifteen thousand or over, 
the compensation shall not be more than three dollars per 
-4 



98 JUVENILE COURT. [CH. 14 

day. Whenever there is to be a child brought before any 
court having a probation officer, it shall be the duty of the 
judge of the court, if practicable, to notify the probation 
officer in advance when any child is to be brought before the 
court. It shall be the duty of said probation officer to make 
such investigation as may be required by the court ; to be 
present in court in order to represent the interest of the child 
when the case is heard ; to furnish to the court such informa- 
tion and assistance as the judge may require, and to take 
such charge of any child before and after trial as may be 
directed by the court ; and the court shall have power to make 
and enforce rules specifying the duties of the probation officer 
in any and all cases. The judge of said juvenile court may, 
at his discretion, designate as probation officer the regular 
truant officer of the county, who shall perform the duties of 
this office in addition to the duties of the truant officer, as 
provided by law, and he shall receive no further remunera- 
tion than is provided by laws already existing. Any proba- 
tion officer may, without warrant or other process, at any 
time until the final disposition of the case of any child over 
whom said juvenile court shall have acquired jurisdiction, 
take the child placed in his care by said court and bring the 
child before the court, or the court may issue a warrant for 
the arrest of any such child, and the court may thereupon 
proceed to sentence or make such other disposition of the case 
as he may deem best. 

Sec. 270. Who May Make the Complaint. [Laws 1905, ch. 
190, sec. 4.] Any reputable person, being a resident in the 
county, havingjsnowledge of a child in his county who ap- 
pears to be either dependent, neglected or delinquent within 
the meaning of this act, may file with the court having juris- 
diction in the matter a petition, in writing, setting forth the 
facts, verified by affidavit. It shall be sufficient that the 
affidavit be upon information and belief. If it shall be de- 
termined by the court that there is no ground for complaint, 
no permanent record shall be made by the court. 

Sec, 271. Summoning Custodian of Child. [Laws 1905, ch. 
190, sec. 5.] Upon the filing of the petition, unless the par- 
ties shall voluntarily appear or be in court, a summons shall 
issue in the name of the state of Kansas, requiring the child 
and the person having custody and control of the child, or 
with whom the child may be, to appear with the child at the 
place and at the time set in the summons, which shall not be 
later than twenty-four hours after service, unless otherwise 
directed by the court. The parents of the child, if living, 
and their residence known, or its legal guardian, if one there 



CH. 14] JUVENILE COURT. 99 

be, or if there is neither parent or guardian, or if his or her 
residence is unknown, then some relative, if there be one, 
and his or her residence is known, shall be notified of the 
proceedings; and in any case the judge may appoint some 
suitable person or association to act in behalf of the child. 
If the person summoned, as herein provided, shall fail with- 
out reasonable cause to appear and abide the order of the 
court, or to bring the child, such person may be proceeded 
against as in case of contempt of court. In case the summons 
cannot be served, or the party served shall fail to obey the 
same, or in case when it shall be made to appear to the court 
that such summons will be inefi'ectual, a warrant may issue 
on order of the court, either against the parent or guardian, 
or the person having custody of the child, or against the child 
itself. On the return of the summons or other process, or as 
soon thereafter as may be, the court shall proceed to hear 
and dispose of the case in a summary manner and enter final 
judgment therein ; and the costs of all proceedings under this 
act may, in the discretion of the court, be adjudged against 
the person or persons so summoned, appearing, or arrested, 
as the case may [be] , and collected as provided by law in 
civil cases. 

^Sbc. 272. Custody of the Child; Continuance of the Hearing. 
[Laws 1905, ch. 190, sec. 6.] In any case the court may con- 
tinue the case from time to time, and may in the meantime 
commit the child to the care and control of the probation offi- 
cer, or may allow such child to remain in its own home, or 
in the custody of some suitable person, subject to the super- 
vision and control of the probation officer and to such other 
conditions as may be imposed by the court ; or the court may 
authorize the child to be placed in a suitable family home, 
subject to the friendly supervision of the probation officer, 
and the further order of the court. Pending a hearing, no 
child shall be committed to a jail or police station, except, in 
case of felony, the judge, if he deems it advisable, may com- 
mit such child to jail until the trial and final disposition of 
the case ; but when other provision shall not have been made 
for its care and custody, the court shall direct it to be kept 
in some suitable place provided by the county outside of a 
jail or police station. 

Sec. 273. Care of Dependent or Neglected Child. [Laws 1905, 
ch. 190, sec. 7.] When any child under the age of sixteen 
years shall be found to be dependent or neglected, within the 
meaning of this act, the court may make an order commit- 
ting the child to the care of some suitable institution, or the 
care of some reputable citizen of good moral character, or to 



100 JUVENILE COURT. [Ch. 14 

the care of some training school or an industrial school, as 
provided by law, or to the care of some association willing to 
receive it, embracing in its object the purpose of caring for 
or obtaining homes for neglected or dependent children. The 
court may, when the health or condition of the child shall 
require it, cause the child to be placed in a public hospital or 
institution for treatment or special care, or in a private hos- 
pital or institution which \vill receive it for like purpose with- 
out charge. 

Sec. 274. The Child as the Ward of an Association or Indi- 
vidu'l. [Laws 1905, ch. 190, sec. 8.] In any case where the 
court shall award a child to the care of any association or in- 
dividual, in accordance with the provisions of this act, the 
child shall, unless otherwise ordered, become a ward, and be 
subject to the guardianship of the association or individual 
to whose care it is committed. Such association or individual 
shall have authority to place such child in a family home, 
with or without indenture, and may be made party to any 
proceedings for the legal adoption of the child, and may by 
its or his attorney or agent appear in any court where such 
proceedings are pending and assent to such adoption ; and 
such assent shall be sufficient to authorize the court to enter 
proper order or decree of adoption. Such guardianship shall 
not include the guardianship of any estate of the child. 

Sec. 275. The Child Committed to the Care of a Probation 
Officer. [Laws 1905, ch. 190, sec. 9.] In case of a delin- 
quent child, the court may continue the hearing from time 
to time, and may in the meantime commit the child to the 
care and control of a probation officer duly appointed by the 
court, and may allow such child to remain in its own home, 
subject to the visitation and control of the probation officer ; 
such child to report to the court as often as may be required, 
and shall be subject to be returned to the court for further 
proceedings whenever such action shall appear to the court 
to be necessary ; or the court may authorize the child to be 
placed in a suitable family home, subject to the friendly su- 
pervision of the probation officer and the further order of the 
court ; or it may authorize the child to be boarded out in 
some suitable family home, in case provision is made by vol- 
untary contribution or otherwise for payment of the board of 
such child, until suitable provision may be made for the 
child in a home without such payment ; or the court may 
commit the child to a suitable institution for the care of de- 
linquent children : Provided, That no child under the age of 
sixteen years shall be committed to the State Reformatory, 
and in no case shall a child be committed beyond his or her 



CH. 14] JUVENILE COURT. 101 

minority. ' A child committed to such institution shall be 
subject to the control of the board of managers thereof, and 
the board shall have power to parole such child on such con- 
ditions as it may prescribe ; and the court shall, on the rec- 
ommendation of the board, have power to discharge such 
child from custody whenever, in the judgment of the court, 
his or her reformation is complete ; or the court may commit 
the child to the care and custody of some association that 
will receive it, embracing in its objects the care of neglected 
and dependent children, if such institution be duly credited 
as hereinafter provided, or to the care and custody of some 
discreet person. 

Sec. 276. The Court May Revoke the Cu'itody. [Laws 1905, 
ch. 190, sec. 10] In any case where a dependent, neglected 
or delinquent child has been committed to the care and cus- 
tody of any association or individual, the court may cause 
the child to be brought before it, together with the person in 
whose custody he may be, and if it shall appear that a con- 
tinuance of such custody is not for the best interests of such 
child, the court may revoke and set aside the order giving 
such custody, and make such further orders in the premises 
as to the future disposition of the child as shall seem best. 

Sbc. 277. Child Under Sixteen Not to he Taken Before Courtfi 
Other than JuveniU Courts. [Laws 1905, ch. 190, sec. 11.] 
When a child under the age of sixteen years is arrested, with 
or without a warrant, such child shall, instead of being taken 
before a justice of the peace or police magistrate or judge 
or any other court now or hereafter having jurisdic- 
tion of the offense charged, be taken before such juvenile 
court; or if the child shall have been taken before a justice 
of the peace or police magistrate or judge of such court, it 
shall be the duty of such justice of the peace or police magis- 
trate or judge of such court to transfer the case to such juve- 
nile court, and of the oflBcer having the child in charge to 
take such child before said court ; and in any such case the 
said court may proceed to hear the defense of the case in the 
same manner as if the child had been brought before the 
court upon the petition as herein provided. In any case the 
court shall require notice to be given and investigation to be 
made as in the several cases under this act provided for, and 
may adjourn the hearing from time to time for the purpose. 

Sec. 278. Appeals to District Court. [Laws 1905, ch. 190, 
sec. 12.] An appeal shall be allowed to the district court by 
any child from the final order of commitment made by the 
juvenile court, and may be demanded on the part of the child 
by its parent, guardian, or custodian, or by any relation of 



102 JUVENILE COURT. [Ch. 14 

sucH child within the third degree of kinship. Such appeal 
shall be taken within ten days after the making of the order 
complained of by written notice of appeal filed with the judge 
of the juvenile court ; whereupon it shall be the duty of the 
judge of said court, without unnecessasy delay, to transmit 
all papers, together with a transcript of his records of the 
case, to the clerk of the district court of his county, by whom 
the case shall be docketed in the order of its reception. Such 
appeal shall not suspend or vacate the order appealed from, 
but the same shall continue in force in all respects the same 
as if no appeal had been taken until final judgment has been 
rendered in the district court : Provided, however, That the 
judge of the district court may, pending a hearing on ap- 
peal, make such modification of the order of the juvenile 
court and upon such conditions as to him may seem proper. 
Upon the final hearing on appeal the case shall be heard and 
disposed of in the spirit of this act and in the exercise of all 
the powers and discretion herein given to the juvenile court. 
In all cases of felony the judge of the juveuile court may re- 
mand the persQji apprehended to the district court or county 
court for trial. 

Sec. 279. Assistance of City and County Attorneys, and Other 
Officals. [Laws 1905, ch. 190, sec. 13.] It shall be the duty 
of all county attorneys within their respective counties, and 
city attorneys within their respective cities, to give to the 
probation officers such aid in the performance of their duties 
as may be consistent with the duties of the office of such at- 
torneys. It shall be the duties of the police officers and con- 
stables making arrests of children under sixteen years of age 
in the counties herein mentioned to at once give information 
of that fact to the probation officer or to the judge of. the 
juvenile court herein provided, and also to furnish such pro- 
bation officer or judge with all the facts in his possession 
pertaining to said child, its parents, guardian, or other person 
likely to be interested in such child, and also the nature of 
the charge upon which such charge has been made. Any 
probation officer may, without warrant or other process, at 
any time until final disposition of the case of any child over 
whom said juvenile court shall have acquired jurisdiction, 
take any child placed in his care by said court and bring such 
child before the court, or the court may issue a warrant for 
the arrest of "any such child; and the court may thereupon 
proceed to sentence or make other disposition of the case. 

Sec 280. Discretion of Juvenile Court as to Penalties of Statp. 
Laws and City Ordinances. [Laws 1905, ch. 190, sec. 14.] 
All punishments and penalties imposed by law upon persons 



CH. 14] JUVENILE COURT. 103 

for the commission of offenses against the laws of the state, 
or imposed by city ordinances for the violation of such ordi- 
nances, in the case of delinquent children under the age of 
sixteen years, shall rest in the discretion of the judge of the 
juvenile court, and execution of any sentence may be sus- 
pended or remitted by said court. 

Sec. 281. Care and Custody of Child to he Parental. [Laws 
1905, ch. 190, sec. 15.] This act shall be liberally construed, 
to the end that its purposes may be carried out, to wit, that 
the care, custody and discipline of a child shall approximate, 
as nearly as may be proper, parental care ; and in all cases 
where the same can be properly done, that a child may be 
placed in an approved family home, by legal adoption or other- 
wise. And in no case shall any proceedings, order or judg- 
ment of the juvenile court, in cases coming within the purview 
of this act, be deemed as held to import a criminal act on the 
part of any child ; but all proceedings, orders and judgments 
shall be deemed to have been taken and done in the exercise 
of the parental power of the state. 

Sec. 282. Parents Resporisible for Delinquency of Children ; 
Penalty. [Laws 1907, ch. 177, sec. 1.] In all cases where 
any child shall be a delinquent, dependent or neglected 
child, as defined by the statutes of this state, the parent 
or parents or other persons responsible for or by any act 
causing, encouraging or contributing to such delinquency, 
dependency or neglect shall be deemed guilty of a misde- 
meanor, and, upon trial and conviction thereof, shall be fined 
in a sum not to exceed one thousand dollars, or imprisoned 
in the county jail for a period not to exceed one year, or by 
both such fine and imprisonment. The juvenile courts shall 
have jurisdiction of all cases coming within the provisions of 
this act. 

Sec. 283. Suspension of Sentence i Release; Bond. [Laws 
1907, ch. 177, sec. 2,] The court may suspend any sentence 
hereunder or release any person sentenced under this act from 
custody upon condition that such person shall furnish a good 
and sufficient bond or undertaking to the people of the state 
of Kansas in such penal sum, not exceeding two thousand 
dollars, as the court shall determine, conditioned for the pay- 
ment of such amount as the court may order, not exceeding 
twenty-five dollafs per month for each child, for the support, 
care and maintenance of such child while under the guardi- 
anship, or in the custody of any individual or any public, 
private or state home, institution, association or orphanage 
to which the child may have been committed or entrusted 



104 JUVENILE COURT. [CH. 14 

under the provisions of the laws of this state concerning de- 
pendent and neglected children. 

Sec. 284. Custody of Child During Suspension of Sentence. 
[Laws 1907, ch. 177, sec. 3.] The court may also suspend 
any sentence imposed under this act, and may permit any 
dependent child to remain in the custody of any such person 
found guilty upon conditions to be prescribed or imposed by 
the court as seem most calculated to remove the cause of such 
dependence or neglect, and while such conditions are accepted 
and complied with by any such person such sentence may re- 
main suspended and such person shall be considered on proba- 
tion in said court ; in case a bond is given as provided herein, 
the conditions prescribed by the court may be made a part of 
the terms and conditions of such bond. 

Sec. 285. Forfeiture of Bond and Term of Probation. [Laws 
1907, ch. 177, sec. 4.] Upon the failure of any such person 
to comply with the terms and conditions of such bond or of 
the conditions imposed by the court, such bond or the term 
of probation may be declared forfeited and terminated by the 
court, and the original sentence executed as though it had 
never been suspended, and the term of any jail sentence im- 
posed in any such case shall commence from the date of the 
incarceration of any such person after the forfeiture of such 
bond or term of probation. There shall be deducted from any 
such period' of incarceration any part of such sentence which 
may have already been served. 

Sec. 286. Judgment in Case of Forfeiture of Bond. [Laws 
1907, ch. 177, sec. 5.] It shall not be necessary to bring a 
separate suit to recover the penalty of any such bond so 
forfeited, but the court may cause a citation to issue to 
the surety or sureties thereon, requiring that he or they 
appear at a time named therein by the court, which time 
shall not be less than ten nor more than twenty days 
from the issuance thereof, and show cause, if any there 
be, why judgment should not be entered for the penalty 
of such bond and execution issued for the amount thereof 
against the property of the surety or sureties thereon, as 
in civil cases, and upon failure to appear or failure to show 
any such sufficient cause, the court shall enter such judg- 
ment in behalf of the people of the state of Kansas against 
such surety or sureties, or in case of default or refusal to pay 
the said bond, action may be taken in any court of competent 
jurisdiction in behalf of the people of the state of Kansas to 
compel the payment of said bonds. Any moneys collected or 
paid upon any such execution or in any case upon said bond 
shall be turned over to the county treasurer of the county in 



CH. 14] JUVENILE COURT. 105 

which such bond is given, to be applied to the care and main- 
tenance of the child or children for whose dependency such 
conviction was had, in such manner and upon such terms as 
the juvenile court may direct : Provided, That it shall not be 
necessary in the opinion of the court to use such fund or any 
part thereof for the support and maintenance of such child, 
the same shall be paid into the county treasury and become a 
part of the funds of such county. 

Sec. 287. Acts Not. Repealed. [Laws 1907, ch. 177, sec. 6.] 
Nothing in this act shall be construed to repeal any act pro- 
viding for the support by parents of their minor children or 
any part of the acts concerning delinquent children or per- 
sons contributing thereto ; and nothing in said acts shall pre- 
vent proceedings under this act in any proper case. 

Sec. 288. Detention Home; Juvenile Farm. [Laws 1907, 
ch. 177, sec. 7.] That the county commissioners of every 
county of the state having a population of more than twenty 
thousand may provide a detention home or a juvenile farm 
for the purpose of caring for homeless children under sixteen 
years of age in the custody of the judge of the juvenile court : 
Provided, hoivever, That a juvenile farm may be established 
only in counties having a city whose population is twenty-five 
thousand or over. Until a building is erected for the purpose 
of a detention home, or until a juvenile farm with suitable 
•and convenient buildings has been provided, the commis- 
sioners may lease or rent a suitable and convenient building 
or a part thereof, for a term not to exceed five years for any 
one period, which shall be used as a detention home. 

Sec. 289. Government of Detention Home. [Laws 1907, ch. 
177, sec. 8.] That the detention home shall be in charge of a 
matron or of a man and his wife, who shall be under the 
supervision of the judge of the juvenile court. The inmates 
of the detention home shall be controlled as far as possible 
through parental care. The children shall be placed in the 
public schools where possible, or, if it be so determined, the 
commissioners may provide for separate instruction within 
the home. The detention home is to supplement the work of 
the juvenile court and to be used in lieu of any jail or prison, 
but it shall be the policy of the judge of the juvenile court, 
probation officer and the matron or superintendent of the de- 
tention home to make the said house of detention a temporary 
home, and as soon as possible to provide for the return of the 
inmates of the home to their natural parents or to parents by 
adoption. 

Sec. 290. Record of Inmates of Detention Home. [Laws 1907, 



106 JUVENILE COURT. [Ch. 14 

ch. 177, sec. 9.] It shall be. the duty of the matron or su- 
perintendent of the detention home to keep a complete record 
of all inmates of the home, including age, sex, time of ad- 
mission, and time of discharge, conduct and character, state 
of health at time of admission and dismissal, and shall make 
a, monthly report to the judge of the Juvenile court on a blank 
provided for the same. 

Sec. 291. Tax Levied for Detention Home or Juvenile Farm; 
Salary of Matron or Superintendent. [Laws 1907, ch. 177, 
sec. 10.] For the support and maintenance of the detention 
home or juvenile farm, the county commissioners shall make 
an estimate of the cost and levy a tax, as in the case of pro- 
viding for other expenses of the county, and all expenses of 
the said detention home or juvenile farm shall be accorded 
as a part of the expenses of the said juvenile court of the said 
county. The salary of the matron or superintendent shall be 
fixed by the county commissioners, and warrants shall be 
drawn for the payment of said salary and all other bills regu- 
larly allowed by the said commissioners on account of said 
expenses for the maintenance of said detention home or juve- 
nile farm. 

Sec. 292. Annual Report of Judge of Juvenile Court. [Laws 
1907, ch. 177, sec. 11.] That the judge of the juvenile court 
shall make an annual report on the 1st day of July to the 
governor of the state, which shall be complete history of the 
proceedings of the court for the preceding year ; that the said 
report shall contain statistics of the number of cases, the na- 
ture of the cases, and the disposition of the same. It shall 
also contain a financial statement of the court, including all 
expenses, expenditures made, and fines collected. 

Sec. 293. Jurisdiction After the Age of Sixteen. [Laws 1907, 
ch. 177, sec. 12.] When any offender before the age of six- 
teen has been brought before the judge of the juvenile court, 
the jurisdiction of said court over said offender shall not ex- 
pire on account of the child's arriving at the age of sixteen, 
but said offender shall continue in the charge of said court 
until he is finally discharged by the same. 

Sec. 294. Compensation in Counties Having a Population of 
Over 25, 000. [Laws 1907, ch. 177, sec. 13.] In counties hav- 
ing iwenty-five thousand people or over, the probation officer 
who is appointed for said county shall receive compensation 
not to exceed three dollars a day for time of actual service. 

Sec. 295. Jurisdiction. [Laws 1907, ch. 177, sec. 14.] The 
juvenile court shall have jurisdiction over all dependent chil- 
dren under sixteen years of age. All applications for the 



CH. 14] JUVENILE COURT. 107 

admission of children to the Soldiers' Orphans' Home shall 
be made to the juvenile court of the county of which any child 
is a resident. 

Sec. 296. Police and Sheriff Entitled to Witness Fees. [Laws 
1907, ch. 177, sec. 15.] When the police of any city or the 
sheriff of any county in the state of Kansas shall appear be- 
fore the judge of the juvenile court to make complaint of, to 
report on or to testify on account of dependent, defective or 
delinquent children, they shall receive ordinary witness fees 
for such services. 

Sec. 297. Blanks, [Laws 1907, ch. 177, sec. 16.] Blanks 
shall be used by the juvenile court in the several counties in 
Kansas which shall be furnished by the State Board of Con- 
trol. 



108 KINDERGARTENS. [CH. 15 



CHAPTER XV.— Kindergartens. 

§ 298. Free kindergartens. 

Section 298. Free Kindergartens. [Laws 1907, ch. 325, 
sec. 1.] That the school [board] of any school district^*** in 
the state shall have power to establish and maintain free kin- 
dergartens in connection with the public schools of said dis- 
trict, for the instruction of children between four and six 
years of age residing in said district, and shall establish such 
courses of training, study and discipline and such rules and 
regulations governing such preparatory or kindergarten 
schools as said board may deem best : Provided, That nothing 
in this act shall be construed to change the law relating to the 
taking of the census of the school population or the apportion- 
ment of state and county school funds among the several 
counties and districts in this state : Provided further^ That 
the cost of establishing and maintaining such kindergartens 
shall be paid from the school fund of said districts, and the 
said kindergartens shall be a part of the public-school system, 
and governed, as far as practicable, in the same manner and 
by the same officers as provided by law for the government 
of the other public school [s] of the state : Provided further, 
That no person shall be employed as a teacher in such kin- 
dergarten schools who has not passed a satisfactory examina- 
tion in such subjects as the State Board of Education shall 
require. The State Board of Education shall adopt rules 
governing the examination of kindergarten teaichers and shall 
furnish county superintendents with examination ques- 
tion [s], and the examination shall beheld in the manner 
provided by law for the examination of teachers in the public 
schools : Provided further, That any person who shall com- 
plete the course of training for kindergarten teachers at the 
State Normal School or its auxiliaries shall be entitled to teach 
in the kindergarten schools of this state without examination. 

164. Kindergartens may also be established in cities of the first and sec- 
ond class. 



CH. 16] TRAVELING LIBRARIES. 109 



CHAPTER XVI. — Kansas State Traveling Libraries 
AND Aplington Art Gallery. 

§ 299. Management of library. I § 301. Management of grallery. 

300. Aplington art gallery. I 

Section 299. Management of Library. [6809.] That the 
Kansas Traveling Libraries Commission shall have the man- 
agement of the traveling library department of the state 
library, shall make such rules for the government of such de- 
partment and the use of the books and other property thereof 
as they may deem necessary, and, under such regulations as 
they may prescribe, they may send out temporarily from the 
miscellaneous department of the state library such books (not 
including reference books or other books inappropriate for 
such purposes) as may be designated for that purpose by the 
directors of the state library and any books specially given to 
or bought for such traveling libraries to any library in the 
state, or to any community or organization not yet having an 
established library but which has conformed to the conditions 
of said regulations of said commission ; and such books, when 
so sent out to such library, community, or organization, shall 
be there kept for the use of the public, subject to such reason- 
able regulations with reference thereto as may be adopted by 
said commission. And said commission shall from time to time 
so send out and distribute such books throughout the state, 
and at suitable intervals change such distribution, in such 
manner as to secure to the greatest practicable degree the use 
and enjoyment of such books to the people of the entire state. 
Said commission shall be entitled to receive the assistance of 
the assistant librarian of the state library who is in charge 
of the miscellaneous department of the state library. (Laws 
1899, ch. 163, sees. 3 and 4.) 

Sec. 300. Aplington Art Gallery. [Laws 1907, ch. 885, sec. 
1.] That the state of Kansas accepts the proffer made by the 
Kansas Federation of Women's Clubs, and takes the collec- 
tion of carbon photographic reproductions of the world's 
famous paintings for circulation amongst and for the use of 
the people of the state : Provided, That the collection shall be 
marked and known as "the Aplington art gallery." 

Sec. 301. Management of Gallery. [Laws 1907, ch. 385, 
sec. 2.] That the Aplington art gallery is hereby constituted 
a part of the Kansas traveling libraries, and is placed under 



110 TRAVELING LIBRARIES. [CH. 16 

the direction and control of the Kansas Traveling Libraries 
Commission, with the same powers/duties and restrictions as 
are provided for the care, circulation and distribution of books 
belonging to the Kansas traveling libraries by chapter 163, 
Laws of 1899. 



Ch. 17] 



LEVIES. 



Ill 



CHAPTER XVII.— Levies. 



§302. Levy, county high schools. 

303. Levy, " Barnes " high schools. 

304. Levy, cities of first class. 

305. Levy, cities of second class. 

306. Levy, school districts. 



§ 307. Levies, general limitation. 

308. Levies, exceptions to limitations. 

309. Increasing the levy. 

310. County clerk, excessive levies. 

311. Penalty, officers. 



Section 302. Levy, County High Schools. [Laws 1909, ch. 
245, sec. 14.] For the purpose of maintaining the county- 
high schools provided for by chapter 147, Laws of 1886, the 
board of trustees shall not levy to exceed five-tenths of one 
mill on the assessed valuation of the county. 

Sec. 303. Levy, ''Barnes" High Schools. [Laws 1909, 
ch. 245, sec. 15.] The authority of the board of county com- 
missioners of each county, as provided in chapter 397 of the 
Session Laws of 1905, to levy annually a tax by means of 
which to raise the necessary funds for the support of the high 
schools provided for by said chapter 397 of the Laws of 1905, 
is hereby limited so that the said board shall not levy in ex- 
cess of five-tenths of one mill upon the dollar upon all taxable 
property. 

Sec. 304. Levy, Cities of First Class. [Laws 1909, ch. 
245, sec. 22.] The authority of boards of education in cities 
of the first class to levy taxes, as provided in chapter 330, 
Laws of 1907, is hereby limited so that the board of education 
of any such city shall not fix a rate of levy for the respective 
purposes in excess of the following-named rates : For the 
support of the schools of the city, including building and re- 
pairs of school buildings in all cities of 40,000 population or 
under, the rate of levy shall not exceed six mills ; for the 
support of the schools in all cities having a population of over 
40,000, the rate of levy shall not exceed five mills ; for build- 
ing purposes and repairs of school buildings in all cities 
having a population of over 40,000, the rate of levy shall not 
exceed one mill. 

Sec. 305. Levy, Cities of Second Class. [Laws 1909, ch, 
245, sec. 23.] The authority of boards of education in cities 
of the second class to levy taxes as provided in chapter 399, 
Laws of 1905, is hereby limited so that the board of education 
of any such city shall not fix a rate of levy for the support 
of the schools of the city in excess of six mills. 

Sec. 306. Levy, School Districts. [Laws 1909, ch. 245, sec. 
24.] The authority of the qualified voters of any school 
district at the annual meeting, as provided in chapter 318, 



112 LEVIES [CH. 17 

Laws of 1907, to vote a tax for general school purposes is 
hereby limited to the extent that no tax shall be voted for 
such purpose at any such meeting which shall be in excess of 
three and one-half mills upon the dollar of all the taxable 
property of any such school district : Provided, That in no 
event shall any school district levy any greater tax than is 
reasonably necessary for the ensuing school year.^^^ 

Sec 307. Levies, Gerteral Limitation. [Laws 1909, ch. 
245, sec. 25.] All levies authorized in any taxing district by 
statute, and which arenotexpressly limited herein, are hereby 
limited so that no such levy shall be made in excess of twenty- 
five per cent, of the rates so authorized. 

Skc. 308. Levies, Exceptions to Limitations. [Laws 1909, 
ch. 245, sec. 26.] No limitation imposed by this act shall in 
any wise apply to or in any way limit any levy which is au- 
thorized by statute for the purpose of creating sinking- and 
interest-funds necessary to liquidate at maturity the princi- 
pal and interest of any indebtedness authorized by law ; nor 
shall any provision of this act apply to or in any way limit 
special taxes levied by ordinance in any city. And nothing 
in this act shall be construed to limit the levy provided by 
any special act heretofore passed for the construction of roads, 
and under which any county is now operating. 

Sec. 309. Increasing the Levy. [Laws 1909, ch. 245, sec. 
27.] If any board of levy, or any oflBcer that is charged with 
the duty of levying tax in any taxing district, shall be of the 
opinion that the amount of tax limited by this act will be 
insufficient for the needs of such taxing district for the cur- 
rent year, the question of an increased levy may be submitted 
to the voters of such taxing district at a general election or at 
a special election called for the purpose in the manner pro- 
vided by law for calling special elections in such taxing dis- 
trict : Provided, That under the provisions of this section a 
vote may be had upon the question of an increased levy at the 
annual meeting of any school district. If any such question of 
increasing the levy shall be submitted at any election or meet- 
ing as above set forth, due notice thereof shall be given for at 
least thirty days in advance of such election or meeting by 
publication in the official county paper for all taxing districts, 
except school districts ; but in school districts by posting a 
notice in the manner provided by law for other elections or 
meetings ; said notice shall also give the proposed increase in 
the levy. If three-fourths of the votes cast at any such elec- 
tion shall be in favor of the increased levy, as named in said 

165. The school district meeting is the judge as to the tax that is reason- 
ably necessary, and not the county clerk or the county commissioners. 



Ch. 17] LEVIES. 113 

election notice, then the officers charged with levying taxes 
may make such increased levy for the year voted upon, and 
thereafter the limitation of this act shall apply, unless an in- 
creased levy for a particular year shall be voted at another 
election in like manner. 

Sec. 310. . County Cierk; Excessive Levies. [Laws 1909, ch. 
245, sec, 28.] Any levy which may be certified to the county 
clerk in excess of the limitations placed by this act shall be 
unlawful, and in any such case it shall be unlawful for the 
county clerk of any county within the state to enter upon the 
tax-roll of the county any such excessive levy ; and in case 
of any such excess in any levy it is hereby made the duty 
of the county clerk and he is hereby required to reduce such 
levy and to extend upon the tax-roll only such a part thereof 
as will comply with the provisions of this act. 

Sec. 311. Penalty; Officers. [Laws 1909, ch. 249, sec. 29.] 
Any officer of any taxing district or any county clerk who 
shall violate any provision of this act shall be guilty of a 
misdemeanor, and upon conviction thereof shall be fined in 
any sum not less than one hundred dollars nor more than 
five hundred dollars and shall also be subject to removal from 
office by a civil action. 



-4* 



114 LIBRARIES — SCHOOL DISTRICT. [CH. 18 



CHAPTER XVIII.— Libraries, School District. 

§ 312. School districts may vote a tax not to ex- I § 314. Librarian to be appointed by district 
ceed two mills for district library. board. 

313. The money so collected shall bo used for 
no other purpose. I 

Section 312. Library Fund. [6252.] That the several 
school districts of the state may, at the annual meeting in each 
year, vote a tax^^® upon all the taxable property of the district, 
not to exceed two mills^^^ on the dollar, which tax shall be certi- 
fied by the district clerk to the county clerk, at the same time 
and manner as other school-district taxes are certified ; and 
the county clerk shall place the same on the tax-roll of the 
county in a separate column, designating the purpose for 
which such tax was levied ; and said tax shall be collected 
and paid over to the treasurer of said district in all respects 
as other school-district taxes are collected and paid : Pro- 
vided, however, That in the districts where the taxable 
property of the district is more than $20,000 and not more 
than $30,000, there shall not be levied more than one and 
one-half mills^®'^ on the dollar ; and where the taxable prop- 
erty is more than $30,000 and not more than $50,000, there 
shall not be levied more than one milP**^ on the dollar ; and 
in all cases where the taxable property of the district shall 
exceed $50,000, there shall not be levied more than oue-half 
milP'' on the dollar. (Laws 1876, ch. 122, art. 8, sec. 1.) 

Sec. 313. How Used. [6253.] The money so collected 
shall be used under the direction of the board, of directors for 
the purchasing of a school-district library, and for no other 
purpose ; and the district board, in the purchase of books, 
shall be confined to works of history, biography, science, and 
travels. (Laws 1876, ch. 122, art. 8, sec. 2.) 

Sec. 314. Librarian; Rules. [6254.] The district clerk 
shall be the librarian, unless the board of directors shall ap- 
point some other competent and suitable person, who shall 
reside in the district, to perform the duties of that office ; and 
the board shall have power to make such rules and regula- 
tions in regard to the management of said library as they 
shall deem best, and they shall revise and change said rules 
from time to time as the necessities of the case may require. 
(Laws 1876, ch. 122, art. 8, sec. 3.) 

166. The library tax is an additional levy. 

167. Limited to twenty-five per cent, of the above amounts by Laws 
1909, ch. 245, sec. 25 (section 307 of this book). 



Ch. 19] 



NORMAL INSTITUTES. 



115. 



CHAPTER XIX. -Normal Institutes. 



§315. 
316. 



317. 



318. 
319. 



Normal institutes to be held annually. 
Conductors and instructors; certificate 

of special qualifications required. 
Normal-institute fund, how raised; each 

candidate for a teacher's certificate 

shall pay a fee of one dollar. 
County treasurer custodian of funds. 
County superintendent shall transmit 

funds to county treasurer. 



§320. 



State superintendent of public instruc- 
tion shall certify to state auditor the 
inumber of persons enrolled in each 
_ institute; auditor shall issue order on 
^^ state treasurer for fifty dollars. 

321. Institute fund, how disbursed. 

322. Union institutes, how formed; custodian 

of fund. 



Section 315. Normal Institutes. [6225.] The county su- 
perintendents of public instruction shall hold annually, in 
their respective counties, for a term of not less than four 
weeks, a normal institute for the instruction of teachers and 
those desiring to teach : Provided, That in the sparsely settled 
portions of the state, two or more counties may be united in 
holding one normal institute, as hereinafter provided. (Laws 
1877, ch. 136, sec. 1.) 

Sec. 316. Conductor and Instructors. [6226.] The county 
superintendent of public instruction, with the advice and 
consent of the state superintendent of public instruction, shall 
determine the time and place of holding such normal insti- 
tutes, and shall select a conductor and instructors for the 
same : Provided, That no person shall be paid from the insti- 
tute funds ^®^ for services as conductor or instructor of said 
institutes who has not received a certificate^®^ from the state 
board of examiners as to his special qualifications™ for that 
work.i^^ (Laws 1877, ch. 136, sec. 2.) 

Sec. 317. Normal-institute Fund. [6227.] To defray the 
expenses of said institute, the county superintendent shall 
require the payment of a fee of one dollar from each candi- 
date for a teacher's certificate/^^ and the payment of one dol- 
lar registration fee for each person attending the normal 

168. The law does not forbid the county superintendent to permit a per- 
son who has not been authorized by the State Board of Education to instruct 
in his institute, but he cannot pay for said services from the public funds. 

169. Holders of limited or special institute certificates must confine their 
instruction to the branches named in said limited certificate. 

170. It is contrary to public policy for uncertified persons to instruct in 
a normal institute. 

171. The county superintendent can conduct or instruct in his own insti- 
tute without a certificate, but he cannot legally draw pay for such service. 

172. The county superintendent must require the payment of a fee of 
one dollar from each candidate for a teacher's certificate. This fee should 
also be charged for temporary certificates and for the renewal of profes- 
sional certificates. This fee should be collected in advance, and it cannot 
be returned to the unsuccessful applicant. 



116 NORMAL INSTITUTES. [CH. 19 

institute ; and the board of county commissioners shall ap- 
propriate such sum as the county superintendent may deem 
necessary, for the further support of such institutes ■}''^ Pro- 
vided, Such appropriation does not in any one year exceed the 
sum of $100. (Laws 1901, ch. 267, sec. 1.) 

Sec. 318. Custodian. [6228.] The fund thus created shall 
be designated the "normal-institute fund," and the county 
treasurer shall be the custodian of said fund. (Laws 1877, 
ch. 136, sec. 4.) 

Sec. 319. Monthly Reports. [6229.] The county superin- 
tendent shall, monthly, and at the close of each institute, 
transmit to the county treasurer all moneys received by him, 
as provided in section 3,^^* together with the name of each 
person so contributing, and the amount ; and the county treas- 
urer shall place all such moneys to the credit of the "normal- 
institute fund." (Laws 1877, ch. 136, sec. 5.) 

Sec. 320. State Aid. [6230.] It shall be the duty of the 
state superintendent of public instruction, annually, when 
thirty-five persons have registered for that year as members 
of any normal institute organized under the provisions of 
this act and have paid the required registration fee, to cer- 
tify the same to the auditor of state, who shall forward to 
the county treasurer of said county an order on the treasurer 
of the state for the sum of fifty dollars, to be paid out of any 
money appropriated for that purpose ; which amount the 
county treasurer shall place to the credit of the "normal-insti- 
tute fund." (Laws 1901, ch. 267, sec. 2.) 

Sec. 321. Dtshursements . [6231.] All disbursements of the 
" normal-institute fund " shall be upon the order of the county 
superintendent, and no orders shall be drawn on said fund 
except for claims approved by the county superintendent, for 
services rendered or expenses incurred in connection with the 
normal institutes."^ (Laws 1877, ch. 136, sec. 7.) 

Sec. 322. Union Institute-^. [6232.] Two or more counties, 
each having less than 3000 inhabitants, may be united in 
holding one normal institute, with the consent and by the di- 
rection of the state superintendent of public instruction : Pro- 
vided, That the several county superintendents of the counties 
thus uniting shall choose one of their number to act for them 

173. The board of county commissioners are required by law to make this 
appropriation. 

174. Section 317 of this book. 

175. It is unlawful for the county treasurer to pay an order on the 
"normal-institute fund" drawn "for services rendered," in favor of any 
person not holding the certificate of the State Board of Education for insti- 
tute work. 



Ch. 19] NORMAL INSTITUTES. 117 

in determining the time and place of holding the normal 
institute, and in selecting a conductor and instructors for the 
same, as provided in section 2 :^'* And provided, That the per- 
son thus chosen shall draw all orders upon the "normal-insti- 
tute fund," as provided in section 7 :^" And provided, That 
the treasurer of the county in which such normal institute is 
held shall be the custodian of the "normal-institute fund," 
to whom the state and county appropriations for the benefit 
of the normal institute shall be transmitted, and to whom the 
several county superintendents of the counties thus uniting 
shall transmit the fees collected, as provided in section 3.^^^ 
(Laws 1877, ch. 136, sec. 9.) 

176. Section 316 of this book. 

177. Section 321 of this book. 

178. Section 318 of this book. 



118 



NORMAL TRAINING. 



[CH. 20 



CHAPTER XX.— Normal Training. 



§326. Examination; certificates. 

327. Acadamies eligible. 

328. Appropriation. 



§ 823. Normal courses in high schools. 

324. State aid. 

325. Rules and regulations by State Board of 

Education. 

Section 323. Normal Course.<i in High Schools. [Laws 1909, 
ch. 212, sec. 1.] That for the purpose of affording increased 
facilities for the professional training of those preparing to 
teach, and particularly those who are to have charge of our 
rural schools, the State Board of Education shall make provi- 
sions for normal courses of study and for normal training in 
such high schools as said Board of Education shall designate : 
Provided, That said high schools shall be selected and dis- 
tributed with regard to their usefulness in supplying trained 
teachers for schools in all portions of the state and with re- 
gard to the number of teachers required for the schools in 
each portion of the state. 

Sec. 324. State Aid. [Laws 1909, ch. 212, sec. 2.] Each 
high school designated for normal training and meeting the 
requirements of the State Board of Education shall receive 
state aid to the amount of five hundred dollars per school 
year, to be paid in two equal instalments, on the first day of 
March and the first day of June each year, from the state 
treasury, on a voucher certified to by its superintendent or 
principal and approved by the state superintendent of public 
instruction : Provided, That no part of such money received 
from the state shall be used for any other purpose than to 
pay teachers' wages : And provided further, That in case more 
than one high school in any one county shall establish a nor- 
mal course in accordance with the provisions of this act and 
shall be accredited by the State Board of Education the total 
state aid distributed in such counties shall not exceed one 
thousand dollars, and in case there are more than two high 
schools in any one county designated and accredited by the 
said State Board of Education state aid to an amount not ex- 
ceeding one thousand dollars shall be equally divided among 
said schools. 

Sec. 325. Rules and Regulations by State Board of Education. 
[Laws 1909, *ch. 212, sec. 3.] In order that a high school 
shall be eligible to receive state aid under this act it shall 
have in regular attendance in its normal-training courses at 
least ten students during each semester, and such normal- 
training work shall be given under such rules and regulations 



Ch, 20] NORMAL TRAINING. 119 

as the State Board of Education may prescribe, subject to the 
provisions of this act. 

Sec. 826. Examination; Certificates. [Laws 1909, ch. 212, 
sec. 4.] On the third Friday and Saturday of May each year, 
in each high school accredited under the provisions of this 
act, an examination of applicants for normal-training certifi- 
cates shall be conducted, under such rules as the State Board 
of Education may prescribe. This examination shall be in 
charge of two competent persons appointed by said board. 
The said State Board of Education shall prepare the ques- 
tions and fix the standard for the issuing of said certificates ; 
Provided, That said certificates shall be issued only to grad- 
uates of said normal courses of study, and shall be issued for 
a period of two years, and shall be renewable on conditions 
established by the State Board of Education. A fee of one 
dollar shall be charged each applicant, and the money so 
collected shall be turned over to the treasurer of the school 
where such examination is held, and the treasurer of such 
school shall pay the persons conducting said examination for 
their services in a sum not to exceed three dollars per day 
each. The manuscripts shall be properly wrapped and sealed 
and sent to the state superintendent of public instruction, 
accompanied by a fee of ten dollars from the funds of the 
schools. All moneys received by the state superintendent of 
public instruction from such source shall be turned into the 
state treasury, and shall become available to pay the ex- 
penses incurred by the State Board of Education in securing 
and paying for a competent examination and grading of said 
manuscripts. Said certificate shall be issued by the State 
Board of Education and shall be valid in any county of the 
state. All moneys received from such source during the fiscal 
years ending June 30, 1910 and 1911, are hereby appropriated 
to pay for said expenses of said State Board of Education. 
Said expenses shall be paid on the warrants of the state 
auditor upon the filing of proper vouchers approved by the 
state superintendent of public instruction. 

Sec. 327. Academies Eligible. [Laws 1909, ch. 212, sec. 5.] 
Accredited academies are eligible to the operation of this act, 
except as to receiving state aid. 

Sec. 328. Appropriation. [Laws 1909, ch. 212, sec. 6.] 
The sum of fifty thousand dollars for the fiscal year begin- 
ning July 1, 1909, and the sum of fifty thousand dollars for 
the fiscal year beginning July 1, 1910, or so much thereof as 
may be necessary, is hereby appropriated out of any funds 
in the general fund not otherwise appropriated, to carry out 
the provisions of this act. 



120 PATRIOTIC INSTRUCTION. [CH. 21 



CHAPTER XXI. — Patriotic Instruction. 

§329. Display of flag. I §331. Duty of state superintendent. 

330. Rules and regulations. | 332. Patriotic exercises. 

Section 329. Display of Flag. [Laws 1907, ch. 319, sec. 
l.j It shall be the duty of the school authorities of every 
public school in the several cities, towns, villages and school 
districts of this state to purchase a suitable United States 
flag, flagstaff, and the necessary appliances therefor, and to 
display such flag upon, near or in the public-school building 
during school hours and at such other times as such school 
authorities may direct. 

Sec. 330. Rules atid Regulatiotis . [Laws 1907, ch. 319, 
sec. 2.] The said school authorities shall establish rules and 
regulations for the proper custody, care and display of the 
flag, and, when the weather will not permit it to be other- 
wise displayed, it shall be placed conspicuously in the prin- 
cipal room of the schoolhouse. 

Sec. 331. Duty of State Superintendent. [Laws 1907, ch. 
319, sec. 3.] It shall be the duty of the state superintendent 
of public instruction of this state to prepare for the use of the 
public schools of the state a program providing for a salute 
to the flag at the opening of each day of school, and such 
other patriotic exercises as may be deemed by him to be ex- 
pedient, under such regulations and instructions as may best 
meet the varied Tequirements of the different grades in such 
schools. It shall also be his duty to make special provision 
for the observance of [in] such public schools of Lincoln's 
birthday, Washington's birthday, Memorial day (May 30), 
and Flag day (June 14), and such other legal holidays of 
like character as may be hereafter designated by law. 

Sec. 332. Patriotic Exercises. [Laws 1907, ch. 319, sec. 
4.] The state superintendent of public instruction is hereby 
authorized and directed to procure and provide the necessary 
and appropriate instructions for developing and encouraging 
such patriotic exercises in the public schools, and the state 
printer is hereby authorized and directed to do such printing 
and binding as may become necessary for the efficient and 
faithful carrying out of the purposes of this act. 



Ch. 22] 



PUBLIC SCHOOLS IN CITIES. 



121 



CHAPTER XXII. — Public Schools in Cities of the 
First, Second and Third Class. 



§337. Costs. 

338. County hi^h schools. 

339. Depositories for funds, cities of second 

and third class. 



§ 333. Right of eminent domain. 

334. Commissioners to appraise and condemn 

property. 

335. Notice; Report. 

336. Title to land; Appeal. 

Section -333. Right of Eminent Domain. [Laws 1909, ch. 
86, sec. 1.] That the right of eminent domain be and the 
same is hereby conferred upon the boards of education of all 
cities of the first and second class, all such boards having 
always been distinct bodies corporate, possessing the usual 
powers of bodies of [or] corporations for public purposes, 
and any school district in which is located a city of the third 
class. 

Sec. 334. Commissioners to Appraise and Condemn Property. 
[Laws 1909, ch. 86, sec. 2.] Whenever it shall be deemed 
necessary by the board of education of any city of the first or 
second class or any school district in which is located a city 
of the third class to appropriate any private property for its 
use for sites for school buildings, playgrounds, or any addi- 
tion or extension to any school building site or playground 
already selected, the board of education of such city or such 
school board shall cause a survey, description and plat of the 
land so required to be made and filed with its clerk, and 
thereupon shall make an order declaring that the appropria- 
tion of such land is necessary and setting forth for what pur- 
poses the same is to be used. Upon the written application 
of the board of education of said city or school board of any 
school district in which is located a city of the third class, or 
a majority of the board, it shall be the duty of the judge of 
the district court of the county in which such land is situated 
to appoint three disinterested freeholders of such county as 
commissioners to condemn and appraise such lands, which 
appointment shall be in writing and certified to said board 
of education or school board, and said board shall without 
delay cause such application and certificate of the appoint- 
ment to be recorded in the oflQce of the register of deeds of 
such county ; and in case any person so appointed refuses or 
fails to serve as such commissioner for any reason, the said 
district judge, upon the application of such board, shall ap- 
point some other person having the proper qualifications to 
fill such vacancy. Such commissioners shall be sworn hon- 



122 PUBLIC SCHOOLS IN CITIES. [Ch. 22 

estly and faithfully to perform their duties ; and such com- 
missioners shall proceed immediately after their appointment 
to condemn and appraise the value of the lands so selected. 

Sec. 335. Notice; Report. [Laws 1909, ch. 86, sec. 3.] 
Such commissioners shall give at least thirty days' notice of 
the time and place when and where the damage will be as- 
sessed, by publicatioQ for three consecutive weeks in some 
newspaper of general circulation published io such county 
that on the time fixed by such notice they will upon actual 
view appraise the value of the lands taken and assess any 
other damages to the owners thereof. Such notice shall de- 
scribe the property taken and the name or names of the owner 
if known. The said commissioners may adjourn as often 
and for such length of time as may be deemed convenient, 
and may during any adjournment perfect and correct all er- 
rors or omissions in the giving of notice by making new pub- 
lication, citing corporations or individual property owners 
who have not been notified, or if defective or insufficient no- 
tice has been given, a notice of any adjourned meeting shall 
be as effective as notice of the first meeting of the commis- 
sioners, and the commissioners shall, upon completing their 
duties, make and sign a report describing the land so con- 
demned, the purpose for which it was condemned, and the 
appraised value thereof, which report shall be by them filed 
in the office of the city clerk of the city or clerk of said school 
district in which such land is located. And such city clerk 
or clerk of said school district shall immediately cause a cer- 
tified copy of such report to be filed in the office of the regis- 
ter of deeds of the county in which such land is situated, and 
by such register duly recorded as other instruments of writing 
affecting the titles to real estate. 

Sec. 336. Title to Land; Appeal. [Laws 1909, ch. 86, 
sec. 4.] Such city clerk or clerk of such school district 
shall immediately cause a certified copy of such report to be 
filed with the clerk of such board of education or clerk of 
said school district. If within thirty days after such report 
is filed in the office of the city clerk or clerk of said school 
district the board of education or said school board shall pay 
to the county treasurer for the use of the owner of such land 
the amount of the appraised value thereof, the title to such 
land so condemned and appropriated shall immediately vest 
in such board of education or said school district, which shall 
have the right forthwith to take possession of, occupy, use 
and improve the same. Either party, the owner of the land or 
the board of education of said school district, may appeal from 
such appraisement to the district court in the same time and 



€h. 22] PUBLIC SCHOOLS IN CITIES. 123 

manner that appeals are taken from the judgments of justices 
of the peace in civil actions, except as provided in the follow- 
ing paragraph : The appeal bond shall be filed with and 
approved by the clerk of the district court in which said land 
so condemned and appropriated is situated, and such clerk or 
•clerk of said district shall immediately make a transcript of 
the report of such commissioners and such bond and file the 
same with the clerk of the district court of the county in 
which said lands are located. 

Sec. 337. Costs. [Laws 1909, ch. 86, sec. 5.] That all 
costs and expenses of such condemnation proceedings shall 
be paid by such board of education or such school board out 
of its school fund. 

Sec. 338, County High Schools. [Laws 1909, ch. 86, sec. 
6.] The provisions of this act shall also apply to and include 
boards of trustees of county high schools now or hereafter 
organized in the state of Kansas. 

Sec. 339. Depositories for Funds, Cities of Second and Third 
Class. [Laws 1909, ch..89, sec. l.j That in all cities of the 
second and third classes the city treasurer and also the treas- 
urer of the board of education of cities of the second class, 
and the treasurer of the school board of any district in which 
there is a city of the third class, shall deposit all public moneys 
coming into their hands in their official capacity in some re- 
sponsible bank or banks within said city, the same to be des- 
ignated by the mayor and councilmen of such cities, and in 
the case of such school funds said depositories to be designated 
by the board of education or school board, as the case may be, 
in such city. Such deposit shall be made in the name of such 
treasurer as such officer, and such banks shall pay such in- 
terest on average daily balances as may be agreed upon, fig- 
ured on even hundreds of dollars : Provided, That in no case 
shall the rate of interest be less than two per centum per 
annum on such average daily balances : And provided further , 
That where more than one bank is designated as depository 
for any fund, such fund shall be equally divided by the treas- 
urer of such fund among such banks. Before making such 
deposits the mayor and councilmen, the board of education 
or school board, as the case may be, shall take from such 
bank or banks a good and suflficient bond, payable to such city, 
board of education, or school board, as the case may be, the 
same to be approved by such mayor and councilmen, or board 
of education, or school board, as the case may be, in a sum 
double the largest approximate amount that may be on de- 
posit at any one time, or the bond of some surety company 
empowered to do business in the state of Kansas in a sum 



124 PUBLIC SCHOOLS IN CITIES. [CH. 22 

aggregating the largest approximate sum that may be on de- 
posit at any one time, conditioned that such deposit shall be 
promptly paid on the check or draft of the treasurer of such 
city, board of education or school board, and the bondsmen 
of such treasurer shall not be liable for money so deposited ; 
but in no case shall more than one-half of the amount of 
said depository bond be subscribed by the officers of said 
bank, and such bank or banks shall on the first day of each 
month file with the clerk of such city, board of education or 
school board, as the case may be, a statement of the amount 
of money on hand at the close of business each day during the 
previous month and the amount of interest accrued thereon 
to said date. 



CH. 23] PUBLIC SCHOOLS — CITIES OF FIRST CLASS. 



125 



CHAPTER XXIII.— Public Schools m Cities of the 

First Class. 



5340. 
341. 
342. 

343. 
344. 

345. 



346. 
347. 
348. 

349. 
350. 
361. 
352. 

353. 
354. 
355. 
356. 

357. 

358. 
359. 



Cities of the first class defined. 

Attachment of adjacent territory. 

Board of education, how constituted and 
elected. 

Vacancy in board, how filled. 

Powers and duties of board of educa- 
tion. 

Board shall organize, when and how ; 
elect clerk, superintendent; fiscal year; 
annual report. 

Duty of president. 

Duty of vice-president. 

Duty of clerk; duty and salary of super- 
intendent. 

Clerk shall execute bond ; oath of office. 

Treasurer, duty of. 

Board not to receive pay. 

Examining committee, how appointed ; 
duties; who may be elected as teacher. 

Vacancy in committee, how filled. 

Annual levy of taxes. 

All school taxes shall be paid in money. 

The whole city shall compose a school 
district. 

All city school property shall be vested 
in the board. 

Sale or conveyance of school property. 

Meetings of the board, when held. 



§ 360. Annual report of the board shall be pub^ 
lished, when and how. 

361. Restrictions regarding expenditures. 

362. No sectarian doctrine shall be taught in 

the city schools. 

363. City school property exempt from tax- 

ation. 

364. For what purpose the board may issue 

bonds. 

365. Duty of mayor. 

366. Date, rate, maturity, and attest. 

367. Axinual levy for interest and sinking- 

fund. 

368. Sinking-fund, how used and employed. 

369. Interest to be paid, when. 

370. Payment of interest and principal, how 

secured. 

371. The clerk shall register bonds issued by 

the board. 

372. Refunding outstanding bonded debt. 

373. Registration of funding bonos 

374. Annual levy of tax to pay interest and 

principal of funding bonds. 

375. Penalty for neglecting or refusing to 

levy bond tax. 

376. Use of money levied and collected under 

this act. 

377. Elections under commission system. 



Section 340. Defined. [6260.] All cities of more than 
15,000 inhabitants shall be governed by the provisions of this 
act. (Laws 1876, ch, 122, art. 10, sec. 1.) 

Sec. 341. Attachment of Adjacent Territory. [Laws 1908, 
ch. 31.] The territory outside the city limits of any city of 
the first class having a population of not more than 30,000, 
but adjacent thereto, may be attached to such city for school 
purposes, upon the application being made to the board of 
education of such city by a majority of the electors of such 
adjacent territory. And upon the application being made to 
the board of education they shall, if they deem it proper and 
to the best interests of the school of said city and territory 
seeking to be attached, issue an order attaching such territory 
to such city for school purposes and to enter the same upon 
their journal, and such territory shall, from the date of such 
order, be and compose a part of such city for school purposes 
only, and the taxable property of such adjacent territory 
shall be subject to taxation and bear its full proportion of all 
expenses incurred in the erection of school buildings and in 
maintaining the school [s] of said city. Such territory shall 
be attached to the several wards of such city contiguous 
thereto as shall be determined by the board of education of 
any such city, and when so attached shall remain parts of 
such for school purposes only. Persons residing upon such 



126 PUBLIC SCHOOLS — CITIES OF FIRST CLASS. [CH. 23 

attached territory and possessing the qualifications of electors 
under the la\ys of the state of Kansas shall be qualified to 
vote at an election held in any such city for school purposes 
only in any such ward of such city to which such territory 
shall be attached, and official ballots shall be printed for 
such attached territory to such wards as in other cases. 

Sec. 342. Board of Education. [6261.] In each city under 
this act, having not to exceed four wards, there shall be a 
board of education, consisting of three members from each 
ward, who shall be and remain residents of the wards from 
which they are elected during their term of office, to be 
elected by the qualified voters of the city at large, one of 
whom in each ward shall be elected annually, and shall hold 
his ofiice for the term of three years, and until his successor 
shall be elected and qualified ; and in each city under this act 
having more than four wards, the board of education shall 
consist of two members from each ward, who shall be and re- 
main residents of the ward from which they are elected 
during their term of office, to be elected by the qualified 
voters of the city at large, one of whom in each ward shall 
be elected annually, and shall hold his office for the term of 
two years, and until his successor is elected and qualified : 
Provided, That in cities having the population of 35,000 in- 
habitants or over, as shown by the United States census of 
1890, that the board of education shall consist of six mem- 
bers, one from each ward, who shall be and remain residents 
of the ward from which they are elected during their term of 
office, and each member to be elected by the qualified voters of 
the city at large, two of whom shall be elected annually, and 
shall hold their office for the term of three years, and until 
their successors are duly elected and qualified : Provided fur- 
ther, That at the first general election of the city officers after 
the passage of this act there shall be elected a full board of 
six members, one for each ward, who shall be divided into 
three classes of two each. Of the six members elected, the 
two receiving the highest number of votes cast shall serve for 
three years ; the two receiving the next highest number of 
votes cast shall serve for two years, and the two receiving the 
least number of votes cast shall serve for one year : Pro- 
vided further , That those members elected at the first regular 
election und-er this act shall qualify in August following their 
election, and enter upon the duties of their office, and shall 
continue to serve for one year in connection with the mem- 
bers whose term of office does not expire till August, 1892, 
after which time there shall be but the six members, as herein 
provided. In any city of the second class, hereafter organized 



CH. 23] PUBLIC SCHOOLS — CITIES OF FIRST CLASS. 127 

as a city of the first class, the term of oflfice of any member 
of the board which would expire prior to the first Monday in 
August after such organization, is hereby extended to said first 
Monday in August. The president of the board of education 
shall certify to the mayor of the city, fifteen days preceding 
each regular city election, the number of persons to be elected 
from each ward as members of the board of education for a 
full term, and also to fill unexpired terms. The mayor, 
when he issues his proclamation for the election of city oflS- 
cers, shall include in it the number of members of the board 
for a full term, and also to fill unexpired terms, (Laws 
1901, ch. 196, sec. 1.) 

Sec. 343. Vacancy in Board. [6268.] The board of educa- 
tion shall have power to fill any vacancy which may occur in 
their body : Provided, That any vacancy occurring more than 
ten days previous to the annual city election, and leaving an 
unexpired term of one or more years, shall be filled at the 
first city election thereafter, and the ballots and returns of 
election shall be designated as follows: "To fill unexpired 
term of years." (Laws 1876, ch. 122, art. 10, sec. 3.) 

Sec. 344. Foivers and Duties of the Board. [Laws 1905, ch. 
414, sec. 1.] The board of education shall have power to 
elect their own oflQcers, make all necessary rules for the gov- 
ernment of the schools of such city under its charge and con- 
trol and of the board, subject to the provisions of this act and 
the laws of this state ; to organize and maintain separate 
schools for the education of white and colored children, in- 
cluding the high schools in Kansas City, Kan. ; no discrimi- 
nation on account of color shall be made in high schools, 
except as provided herein ; to exercise the sole control over 
the public schools and school property of such city ; and shall 
have the power to establish a high school or high schools in 
connection with manual training and instruction or other- 
wise, and to maintain the same as apart of the public-school 
system of said city. 

Sec. 345. Organization of Board. [6291.] The board of 
education shall, at its first regular meeting in August of each 
year, organize by the election of a president and vice-presi- 
dent from its members, each of whom shall serve for one 
year, and until his successor is elected and qualified. They 
may elect a clerk and a superintendent of public schools, 
neither of whom shall be a member of said board, and who 
shall hold their respective oflBces during the pleasure of the 
board. The board shall have the right, at any time, and at 
any regular meeting, to hold an election to fill any vacfircy 
which may occur among the oflScers of the board, or of any 



128 PUBLIC SCHOOLS — CITIES OF FIRST CLASS. [CH. 23 

of its agents, servants, or employees. The fiscal year of such 
board shall close on the last day of June, and the annual re- 
ports of the president, superintendent and of the several 
committees shall be presented to the board on or before the 
first Monday in August in each year. (Laws 1879, ch. 81, 
sec. 2.) 

Sec. 346. President. [6269.] It shall be the duty of the 
president to preside at all meetings of the board of education, 
to appoint all committees whose appointment is not otherwise 
provided for, and to sign all warrants ordered by the board 
of education to be drawn upon the city treasurer for school 
moneys. (Laws 1876, ch. 122, art. 10, sec. 6.) 

Sec. 347. Vice-president. [6270.] It shall be the duty of 
the vice-president to perform all the duties of the president, 
in case of his absence or disability. (Laws 1876, ch. 122, 
art. 10, sec. 7.) 

Sec. 348. Clerk; Superintendent. [6271.] It shall be the 
duty of the clerk to attend all meetings of the board, to keep 
an accurate journal of its proceedings, to have the care and 
custody of the records and papers of the board, to counter- 
sign all warrants drawn upon the treasurer by order of the 
board, to keep an account of all moneys paid to the treas- 
urer on account of said board, and of all moneys paid or or- 
ders drawn on the treasurer by order of said board ; and 
shall, at least once in every three months, prepare and cause 
to be published in said city a statement, under oath, showing 
(1) the moneys received by the treasurer since last report, and 
from what source received; (2) the amount of sinking-fund, 
and how invested; (3) the moneys paid out, to whom, and 
for what paid ; (4) the balance of general fund in the hands 
of the treasurer ; (5) the number, date and amount of any 
bond issued by said board, purchased under the authority in 
this act given, and the amount paid therefor; and shall per- 
form such other duties as the board or its committees may 
require, and shall receive for his services such compensation 
as the board shall deem adequate, but not to exceed flOOO 
per annum. The superintendent shall have the charge and 
control of the public schools of the city, subject to the orders, 
rules, regulations and by-laws of the board, and shall receive 
for his services such compensation as the board shall deem 
adequate. (Laws 1876, ch. 122, art. 10, sec. 8.) 

Sec. 349." Bond of Clerk. [6272.] Before entering upon 
the discharge of his duties, the clerk of the board of education 
shall give bond in the sum of $1000, with good and sufficient 
securities, to be approved by the board, and shall take and 



CH. 23] PUBLIC SCHOOLS — CITIES OF FIRST CLASS. 129 

subscribe an oath or affirmation before a proper officer that 
he will support the constitution of the United States, the con- 
stitution of the state of Kansas, and faithfully perform the 
duties of his office. (Laws 1876, ch. 122, art. 10, sec. 9.) 

Sec. 350. Treasurer. [6273.] The treasurer of the city 
shall be ex officio the treasurer of the board of education, and 
shall give such bond to the board of education as the board 
may require, said bond to be approved by the board of edu- 
cation and filed with its clerk. It shall be the duty of the 
treasurer to deposit daily all money belonging to the board of 
education in some responsible bank, to be designated by the 
board of education, in the name of such treasurer as such 
officer, which bank shall pay interest on monthly average 
balances as may be agreed upon by such bank and the board 
of education ; and before making such deposits the board of 
education shall take from such bank a good and sufficient 
bond in a sum to be designated by the board of education, 
conditioned that such deposits shall be promptly paid on the 
check or draft of said treasurer. The treasurer shall attend 
all the meetings of the board when required to do so ; shall 
prepare and submit in writing a monthly report of the finances 
of said board ; and shall pay school moneys only upon a war- 
rant signed by the president, or, in his absence, by the vice- 
president, and countersigned by the clerk. The treasurer 
shall receive from the board of education fifty dollars per 
annum for his services as treasurer, and no more. (Laws 
1885, ch. 178, sec. 1.) 

Sec. 351. No Compensation. [6274.] No member of the 
board of education shall receive any pay or emolument for 
his services. (Laws 1876, ch. 122, art. 10, sec. 11.) 

Sec. 352. Examining Committee; Teachers. [6275.] The 
board of education, at such time as they shall deem expedi- 
ent, shall appoint three competent persons, who shall be 
styled the examining committee of the board of education, 
whose duty it shall be to examine all persons who may ap- 
ply to them as teachers ;^"^ and no person shall be elected by 
the board as teacher who cannot produce a certificate^*" from 
the examining committee, signed by all or a majority of 
them, and setting forth that such person is competent to 
teach in such department of the public schools as may be 

179. The board of education has full power to prescribe the kind and grade 
of certificates and branches required, and term of certificate, except manual- 
training certificates. A certificate issued by said city board is a distinct cer- 
tificate, valid in the city of issue only. 

180. The State Board of Education prescribes the qualifications for man- 
ual-training teachers. 

-5 



130 PUBLIC SCHOOLS — CITIES OF FIRST CLASS. [CH. 23 

stated in the certificate and is a person of good moral char- 
acter : Provided, That the board may elect as teacher a suit- 
able person who holds a diploma or certificate from the State 
Board of Education or a diploma from the State Normal 
School. (Laws 1899, eh. 178, sec. 1.) 

Sac. 353. Vacancy. [6276. J The board of education shall 
have power to fill any vacancy which may occur in the ex- 
amining committee. (Laws 1876, ch. 122, art. 10, sec. 13.) 

Sec. 354. Annual Levy of Taxes. [Laws 1907, ch. 330, sec. 
1.] That the board of education in cities of the first class 
shall, in the month of August of each year, levy a tax for 
the support of the schools of the city, including building and 
repair of school buildings, for the fiscal year commencing on 
the 1st day of July last preceding the month of August in 
which such levy shall be made, not exceeding in any one year 
twenty mills'^^ on the dollar on all personal, mixed and real 
property within said city which is taxable according to the 
laws of the state of Kansas, which levy the president and 
clerk of the board shall, on or before August 25, certify to the 
county clerk, who is hereby authorized and required to place 
the same on the tax-roll of said county, to be collected by the 
treasurer of the county as are other taxes and paid over by 
him to the treasurer of the board of education, subject to the 
order of said board of education : Provided, That in all cities 
of the first class having a population of exceeding thirty- 
eight thousand inhabitants, the board of education of such 
city shall have power and is hereby authorized to levy a 
tax for the support of the schools of such city for such fiscal 
year of not to exceed seventeen mills ^^^ on the dollar of all 
taxable property in such city,^^"^ and shall have power, in ad- 
dition thereto, to levy a tax upon all the taxable property in 
such city of not exceeding three mills ^^^ on the dollar of the 
assessed valuation for building purposes and repairs of school 
buildings in such city : And provided further, That each and 
all of the foregoing levies hereby authorized shall be exclusive 
of and in addition to the amounts necessary to be levied un- 
der existing laws for the payment of interest upon bonds 
heretofore issued or which may be hereafter issued by boards 
of education of cities of the first class and» for a sinking-fund 
for the redemption of such bonds, as provided by the laws 
under which such bonds have been or may be issued. 

181. Changed to six mills for cities of 40,000 or under. For cities having 
a population of over 40.000, the maximum rate is five mills for the support 
of schools and one mill for building purposes. Laws 1909, ch. 245, sec. 22 
(section 304 of this book). 

182. See section 261 of this book for provisions for manual training in 
cities of the first class. 



CH. 23] PUBLIC SCHOOLS — CITIES OP FIRST CLASS. 131 

Sec, 355. Taxes. [6277.] All taxes collected for the bene- 
fit of the public schools shall be paid in money, and shall be 
placed in the hands of the city treasurer, subject to the order 
of the board of education. (Laws 1876, ch. 122, art. 10, 
sec. 15.) 

Sec. 356. District. [6278.] The whole city shall compose 
a school district for all purposes of taxation, but may be sub- 
divided by the board of education into as many districts as 
they may think proper. (Laws 1876, ch. 122, art. 10, sec. 16.) 

Sec. 357. Property. [6279.] The title of all property held 
for the use or benefit of the public schools shall be vested in 
the board of education, and held by them in trust for the 
city ; and the board of education may sue in its own name 
for all money due or to become due to the board or the school 
fund, and for any trespass upon, injury to or concession of 
any of the school property of said city, for the benefit of the 
school fund of such city. (Laws 1876, ch. 122, art. 10, sec. 17.) 

Sec. 358. Sale of Property. [6280.] No school property of 
any kind shall be sold or conveyed by the board of education, 
except at a regular meeting of the same, and not then with- 
out an afiirmative recorded vote of at least two-thirds of all 
the members of said board. (Laws 1876, ch. 122, art. 10, 
sec. 18.) 

Sec. 359. Meetings of the Board. [6281.] The regular 
meetings of the board of education shall be upon the first 
Monday in each month, but special meetings may be held 
from time to time, as circumstances may demand. (Laws 
1876, ch. 122, art. 10, sec. 19.) 

Sec. 360. Annual Report. [6282.] The board of education 
at the close of each school year, or as soon thereafter as prac- 
ticable, shall make an annual report of the progress, pros- 
perity, and condition, financial as well as educational, of all 
the schools under their charge ; and said report, or such por- 
tion of it as the board of education shall consider of ad- 
vantage to the public, shall be printed either in a public 
newspaper or in pamphlet form. (Laws 1876, ch. 122, art. 
10, sec. 20.) 

Sec. 361. Expenditures. [6283.] No expenditure involv- 
ing an amount greater than $200 shall be voted, except in 
accordance with the provisions of a written contract. (Laws 
1876, ch. 122, art. 30, sec. 2L) 

Sec. 362. Sectarian Doctrine. [6284.] No sectarian or re- 
ligious doctrine shall be taught or inculcated in any of the 
public schools of the city ; but nothing in this section shall 



132 PUBLIC SCHOOLS — CITIES OF FIRST CLASS. [CH. 23 

be construed to prohibit the reading of the Holy Scriptures. 
(Laws 1876, ch. 122, art. 10, sec. 22.) 

Sec. 363. Exemptions. [6285.] All property held by the 
board of education for the use of public schools shall be ex- 
empt from taxation, and shall not be taken in any manner 
for any debt due from the city. (Laws 1876, ch. 122, art. 
10, sec. 23.) 

Sec. 364. Bonds. [6263.] Whenever it shall be necessary 
to raise funds to purchase a school site or sites, to furnish, to 
repair, to make additions, or to build a school building, it 
shall be the duty of the board to prepare an estimate of the 
costs of such site or sites, repairs, additions, or buildings, 
together with the cost of furnishing the same, with estimates, 
shall be spread upon the records of the board, when adopted 
by a recorded yea-and-nay vote of two-thirds of all the mem- 
bers of the board at a regular meeting ; and in every case 
the board shall complete said repairs, additions, or buildings, 
together with the furnishing of the same and the purchase of 
such site or sites, within the estimated costs thereof ; and in 
no case shall any board create a deficiency or outstanding 
obligations in the purchase of such site or sites, the making 
of such repairs, or the erection of additions or buildings. 
And every member of a school board who shall be a party to 
creating a deficiency or outstanding obligations within the 
meaning of this section shall be deemed guilty of a misde- 
meanor, and shall on conviction be punished by removal from 
office and a fine of not less than |100, and shall be personally 
liable for damages in any action, which it shall be the duty 
of the city attorney of such city of the first class to prosecute, 
brought in the name of such school district, for the amount 
of such deficiency or outstanding obligations, which money 
when so collected shall be used to liquidate such deficiency 
or outstanding obligations : Provided, that any vacancy 
created in any school board under the operation of this sec- 
tion shall be filled as provided in section 2 of this act.^*^ 
(Laws 1891, ch. 196, sec. 3.) 

Sec. 365. Duty of Mayor. [6264.] It shall be the duty of 
the mayor of such city of the first class, within thirty days 
after receiving a certified copy of the action of the board of 
education, showing a necessity and giving a statement of the 
estimated cost of such school sites, repairs, additions, build- 
ing or buildings, signed by the clerk and countersigned by the 
president of the board, to issue a proclamation for holding an 
election to vote bonds to the amount prayed for by the board ; 

183. Section 354 of this book. 



Ch. 23] PUBLIC SCHOOLS — CITIES OF FIRST CLASS. 133 

and no bonds shall be issued unless a majority of the qualified 
electors of the city school district voting at such election shall 
vote therefor ; nor shall the entire amount of such school 
bonds issued exceed, in the aggregate, including existing in- 
debtedness, one per cent, of the value of the taxable property 
of such city, as ascertained by the last assessment for state 
and county purposes previous to incurring the proposed in- 
debtedness. Any member of a board of education, or officer 
thereof, who shall vote for, counsel, consent to, or in any 
wise assist in the issue of any bond or bonds in excess of the 
percentum herein authorized, shall be liable jointly and sev- 
erally to the holder of any such bonds for the amount due 
thereon, to be recovered in a civil action in any court of com- 
petent jurisdiction ; and judgment rendered thereon may be 
collected and enforced in the same manner as other judg- 
ments are collected and enforced : Provided, That in cities of 
the first class having more than 70,000 population, school 
bonds may be issued to the extent of not more than one and 
five-tenths per cent, of such value of taxable property. 

Sec, 866. Date, Rate, Time, and Attest. [6265.] The bonds, 
the issuance of which is provided for in this act, may, at the 
option of the board, be instalment bonds. All bonds shall be 
dated on the day they are issued, shall bear interest at a rate 
not exceeding six per centum per annum, payable semi- 
annually on January and July 1, and shall be payable in not 
more than thirty years. They shall be signed by the presi- 
dent and secretary, attested with the seal of the board. The 
coupons, if any be attached, shall be signed by the president 
of the board, and each bond so issued shall not be for a sum 
less than fifty dollars. (Laws 1891, ch. 196, sec. 5.) 

Sec. 367. Levy for Interest and Sinking-fund. [6266.] The 
board of education in its annual estimate, as provided for in 
section 2 of this act,^** shall include an amount sufficient to 
pay the interest as it accrues on all outstanding bonds issued 
by the board, and also to create a sinking-fund for the re- 
demption of said bonds, and shall levy and cause the same to 
be collected as provided for in said section, in addition to the 
levy authorized by said section for school purposes ; and such 
money shall remain a specific fund for said purposes only, 
and shall not be appropriated to any other purpose. (Laws 
1891, ch. 196, sec. 6.) 

Sec. 868. Use of Sinking-fund. [6286.] The moneys levied 
and collected for creating a sinking-fund for the redemption 
of the principal of the bonds issued by the board of education 

184. Section 364 of this book. 



134 PUBLIC SCHOOLS — CITIES OF FIRST CLASS. [Ch. 23 

shall be used and employed or invested as follows : (1) After 
retaining an amount sufficient to pay the principal of any 
bonds maturing during the year, the board shall, with the 
surplus of such sinking-fund, when the same shall be $1000 
or more, purchase any of the outstanding bonds issued by the 
board. Such purchase shall be made at the lowest price 
such bonds can be purchased at, but at not more than par 
value of such bonds ; and whenever there shall be a surplus 
of such sinking-fund amounting to the sum of |1000, the 
board shall purchase therewith like bonds, on the same terms 
and conditions hereinbefore specified. (2) If for any reason 
such bonds cannot be purchased as hereinbefore specified, 
such sinking-fund shall be invested by the treasurer, under 
the direction of the board of education, at such times as the 
board shall direct, in the interest-bearing bonds of the United 
States or the state of Kansas, which shall be purchased at the 
lowest market price. Interest accruing upon such bonds shall 
be invested in the same manner and for the same purpose as 
sinking-fund. Such bonds shall be held by the treasurer 
until the principal of the bonds issued by the board of edu- 
cation shall become due, and shall then be sold at the highest 
market price, and the proceeds applied to the payment of the 
bonds : Provided, That if at any time the board shall deem it 
best, it shall be lawful for such board to sell such bonds for 
the purpose of purchasing the bonds issued by such board ; 
but all such sales shall be at the highest market price, and the 
bonds of the board purchased with the proceeds of such sale 
shall be purchased at the lowest price they can be obtained 
for, and not aSove the par value of such bonds : Provided, 
That no bond issued by the board of education shall be pur- 
chased by said board that has not been outstanding five years : 
And provided further , That the bonds first maturing shall be 
first purchased, if they can be purchased on terms as favor- 
able to the board as any others offered for sale to the said 
board. All bonds of the said board purchased under the 
authority hereby given, or paid by the board, shall be forth- 
with canceled and destroyed, and the clerk shall enter on the 
bond register of the said board, on the margin of the record 
of said bonds, the date when the same were purchased and 
the price paid ; and thereafter no interest or sinking-fund 
shall be levied or collected for or on account of said bonds so 
canceled. Such sinking-fund shall never be used nor appro- 
priated in any other manner whatever. (Laws 1876, ch. 
122, art. 10, sec. 27.) 

Sec. 369. Interest. [6287.] Whenever the interest of the 
above-mentioned bonds shall become due, the same shall be 



Ch. 23] PUBLIC SCHOOLS — CITIES OF FIRST CLASS. 135 

paid by the treasurer. (Laws 1876, ch. 122, art. 10, sec. 
28.) 

Sec. 370. Security. [6288.] The credit of the school fund 
of the city is hereby pledged to the payment of the interest 
and principal of the bonds mentioned in this article, as the 
same may become due. (Laws 1876, ch. 122, art. 10, sec. 
29.) 

Sec. 371. Bond Registry. [6289.] It shall be the duty of 
the clerk of the board of education to register, in a book 
provided for that purpose, the bonds issued under this 
act, which said registry shall show the number, date and 
amount, and to whom is made payable, each of said bonds. 
(Laws 1876, ch. 122, art. 10, sec. 30.) 

Sec. 372. Refunding of Outstanding Bonded Debt. [Laws 
1903, ch 79, sec. 1.] The board of education of any city of 
the first class is hereby authorized and empowered to refund 
any and all outstanding bonds heretofore issued by order of 
said board by issuing new bonds to the holders of such out- 
standing bonds ; Provided, That such new bonds shall not be 
for greater amount than the par value of the bonds refunded. 
Such refunding bonds shall severally be of such amount as 
said board shall direct, and shall state for what purpose is- 
sued, and be payable to the person to whom issued or bearer 
within twenty years after date, and shall bear interest at the 
rate not exceeding five per cent, per annum, payable semian- 
nually, on January 1 and July 1, as evidenced by coupons at- 
tached. All bonds refunded under the provisions of this act 
shall be noted as surrendered and canceled on the registry of 
the said board and the same shall be destroyed in the pres- 
ence of said board. 

Sec. 373. Bonds Registered. [6293.] The bonds hereby 
authorized shall be numbered, and shall be registered in the 
book kept by said board for the registry of its bonds ; and 
said bonds shall be signed by the president and clerk of said 
board, attested with the seal of said board by the clerk, and 
countersigned by the treasurer of said city. (Laws 1879, ch. 
81, sec. 4.) 

Sec. 374. Levy of Bond Tax. [6294.] The board of edu- 
cation, and any and all boards, body, or officers, by law au- 
thorized to levy and collect taxes in and for said city for the 
support of schools therein, shall, at the same time and in the 
same manner as the other taxes for school purposes are levied 
and collected, and in each and every year until said bonds 
and interest are fully paid, as hereinbefore provided, levy or 
cause to be levied upon all the property within the said city 



136 PUBLIC SCHOOLS — CITIES OP FIRST CLASS. [Ch. 23 

subject to taxation for school purposes a tax or taxes suffi- 
cient in amount to pay and discharge two of the coupons of 
each of the bonds issued under the provisions of this act, and 
then outstanding, and cause the same to be collected in the 
same manner as other school taxes are collected, and with the 
money so collected pay and discharge the coupons for which 
said tax or taxes were levied. And it shall be the duty of 
the clerk of the said board to forthwith, on the payment of 
any such coupons, note their payment upon the registry of 
said bonds, and present the same to the board, and in their 
presence cancel the same in such manner as the board shall 
direct ; and said coupons shall be carefully preserved until 
the final payment of said bonds, and then destroyed ; and the 
possession of such coupons by the board shall be conclusive 
evidence of their payment. And the said board shall issue 
no bonds hereafter, except the refunding bonds provided for 
by this act. (Laws 1879, ch. 81, sec. 5.) 

Sec. 375. Penalty. [6295.] If said board of education, or 
other board, body, or officer, whose duty it shall be to levy 
taxes for the payment of the coupons of the said bonds, as 
herein provided, shall neglect or refuse to levy the tax or 
taxes for the payment of the coupons as by this act required, 
each member of such board or body, and each officer, who 
shall vote against or otherwise oppose the levy and collection 
of such tax or taxes, or shall do any act to prevent or delay 
such levy and collection, shall be liable, jointly and severally, 
to each and every holder of such bonds, or coupons of said 
bonds, which would have been payable from such taxes if 
the same had been levied, for the whole amount unpaid on 
such coupons ; and the same may be recovered in a civil ac- 
tion in any court of competent jurisdiction, and judgment 
rendered thereon may be collected and enforced in the same 
manner as other judgments are collected and enforced; and 
any such officer so neglecting or refusing to levy such tax 
shall also be deemed guilty of a misdemeanor, and on convic- 
tion thereof shall be fined in an amount equal to the amount 
which it may be shown should have been so levied during 
such year, or imprisoned in the county jail for a term not 
less than three nor more than twelve months. (Laws 1879, 
ch. 81, sec. 6.) 

Sec. 376. Use of Money Levied and Collected under this Act. 
[6296.] Moneys levied and collected and received under and 
pursuant to this act shall not be used or employed for any 
other purpose than the payment of coupons of the bonds by 
this act authorized ; and any member of said board, or offi- 
cer, who shall cause such money so collected to be used for 



Ch. 23] PUBLIC SCHOOLS — CITIES OF FIRST CLASS. 137 

any other purpose, temporary or otherwise, whatever, or 
counsel or consent to the same being so used, shall be liable 
jointly and severally to the holder of any such bonds or cou- 
pons for any coupons due, to be recovered and collected as in 
section 6 hereof specified. ^^^ (Laws 1879, ch. 81, sec. 7.) 

Sec. 377. Elections under Commission i^y stem. (Laws 1909, 
ch. 74, sec. 1.) In all elections held for the election of city 
or school oflQcers, or for the purpose of authorizing the issu- 
ance of any bonds for school purposes, or other public im- 
provements, or in the adoption or rejection of this act, and 
in all elections held under this act, the right of any citizen 
to vote shall not be denied or abridged on account of sex, and 
women may vote at such elections the same as men and 
under like restrictions and qualifications, and any woman 
possessing the qualifications of a voter under this act shall 
also be eligible to any such city or school ojffice. 

185. Section 375 of this book. 



138 



PUBLIC SCHOOLS — CITIES OF SECOND CLASS. [Ch. 24 



CHAPTER XXIV. 



— Public Schools in Cities of the 
Second Class. 



j378. 
379. 
380. 



381. 
382. 



383. 
384. 



385. 
386. 



389. 
390. 
391. 
392. 
393. 
394. 
395. 



397. 
398. 



Cities of the second class defined. 

City schools free ; who may be excluded. 

Adjacent territory may be attached to 
city for school purposes ; taxation in 
such cases ; members of board. 

Third class changed to second class. 

County superintendent may detach ter- 
ritory. 

Corporate name and style of city schools. 

Cities of the second class to convey prop- 
erty to board. 

Conveyance, how executed. 

Board of education, when and how 
elected ; term of office. 

Vacancy, how filled. 

Powers of the board. 

Board shall organize, when and how. 

Duty of the president. 

Duty of the vice-president. 

Duty of the clerk. 

Clerk shall give bond. 

Duty of the treasurer. 

Superintendent of city schools ; his du- 
ties, term of office, and salary ; exam- 
ining board, how constituted ; teachers 
may be elected, how. 

Annual school tax not to exceed fifteen 
mills. 

Taxable property subject to school tax. 

Meetings of board, when held. 



5 399. Annual report of board shall be pub- 
lished, when. 

400. Restrictions regarding expenditures and 

contracts. 

401. No sectarian doctrines shall be taught in 

the city schools. 

402. How bond election shall be conducted. 

403. Execution of bonds ; signed by whom ; 

specifications ; amount. 

404. Annual levy for interest and sinking- 

fund. 

405. For what purpose the board may issue 

bonds; restrictions regarding interest; 
maturity and sale of bonds ; proviso. 

406. Investment of sinking-fund. 

407. Paid coupons, how endorsed. 

408. Payment of principal and interest, how 

secured. 

409. Bonds issued by the board to be regis- 

tered by the clerk. 

410. Bonds issued to pay outstanding war- 

rants. 

411. Denominations; payment; signatures. 

412. Sale of bonds. 

413. Tax for interest and sinking-fund. 

414. Oaths and bonds of officers, etc. 

415. Treasurer of the board of education 

elected each odd-numbered year. 

416. Validity of official acts. 



Section 378. Defined. [6297.] All cities now organized, 
and acting as cities of the second class, by virtue of the 
authority of former acts, and all cities hereafter attaining a 
population over 2000 and. not exceeding 15,000 inhabitants, 
shall be governed by the provisions of this act ; and when- 
ever any city shaH have hereafter attained a population ex- 
ceeding 2000 inhabitants, and such fact shall have been duly 
ascertained and certified by the proper authorities of such 
city to the governor, he shall declare, by public proclamation, 
such city subject to the provisions of this act. The mayor 
and council of such city shall, at the time of making the cer- 
tificate herein provided for, make out and transmit to the 
governor an accurate description by metes and bounds of all 
the lands included within the limits of such city, and the ad- 
ditions thereto, if any. (Laws 1876, ch. 122, art. 11, sec. 1.) 

Sec. 379. Free Schools. [6298.] In each city governed by 
this act there shall be established and maintained a system 
of free common schools, which shall be kept open not less 
than three nor more than ten months in any one year, and 
shall be free to all children residing in such city between the 
ages of five and twenty-one years. But the board of education 
may, where school-room accommodations are' insufficient, ex- 



Ch. 24] PUBLIC SCHOOLS — CITIES OF SECOND CLASS. 139 

elude for the time being children between the ages of five and 
seven years, (Laws 1876, ch. 122, art, 11, sec. 2.) 

Sec. 380. Adjacent, Territory. [Laws 1903, ch. 234, sec. 1.] 
Territory outside the city limits, but adjacent thereto, may 
be attached to such city for school purposes, upon application 
to the board of education of such city by a majority of the 
electors of such adjacent territory, and upon the application 
being made to the board of education they shall, if they 
deem it proper, and to the best interests of the schools of said 
city and territory seeking to be attached, issue an order at- 
taching such territory to such city for school purposes, and 
to enter the same upon their journal ; and such territory shall 
from the date of such order be and compose a part of such 
city for school purposes only, and the taxable property of 
such adjacent territory shall be subject to taxation, and shall 
bear its full proportion of all expenses incurred in the erection 
of school buildings and in maintaining the schools of the city. 
Whenever the territory so attached shall have attained a 
population equal to one-half ^^^ that of any ward of such city, 
or whenever the taxable property of such attached territory 
shall be equal to one-half that of any one ward of such city, 
such attached territory shall be entitled to elect two members 
of the board of education, which said members shall be blected 
at the same time and in the same manner as other members 
of such board. The mayor and council and city clerk of such 
city shall provide for elections in said detached territory, and 
shall canvass the returns thereof in the same way as is required 
by law in respect to a ward of such city : Provided, That the 
board of education shall pay all the expenses of such election. 
But until such attached territory shall be declared to have 
attained a population or taxable property equal to one-half 
that of any one ward^**^ of such city, such territory shall be 
attached to the several wards of such city contiguous thereto 
as shall be determined by the board of education of any such 
city, and when so attached shall remain parts of such city 
for school purposes only. And persons residing upon such 
attached territory, possessing the qualifications of electors, as 
provided in section 5585 of the General Statutes of 1889, shall 
be qualified to vote at any election held in any such city for 
school purposes only, in any such ward of such city to which 
such territory shall be attached, and official ballots shall be 

186. Attached territory must have attained a population or taxable prop- 
erty equal to one-half of atiy ward of the city before it is entitled to two 
members of the school board. 

187. See section 440 of this book. 



140 PUBLIC SCHOOLS — CITIES OF SECOND CLASS. [Ch. 24 

printed for such attached territory to such wards as in other 
cases. 

Sec. 381. Attachment for School Purposes; Taxation; Repre- 
sentation. [6328.] That whenever any city of the third class 
shall become a city of the second class, the territory of the 
school district wherein such city is situated shall be and re- 
main attached to such city for school purposes, unless de- 
tached by the county superintendent of public instruction, as 
provided in section 12 of chapter 152 of the Laws of 1881. 
All the property in such territory shall be subject to like taxa- 
tion for school purposes as the property in said city. When- 
ever the population or taxable property of such territory out- 
side of the limits of such city shall equal the population or 
taxable property of any ward of such city, such territory 
shall be entitled to elect two members of the board of educa- 
tion of such city, which said members shall be elected at the 
same time and in like manner as other members of such 
board. (Laws 1887, ch. 218, sec. 1.) 

Sec. 882. County Superintendents May Detach Territory. 
[6150.] That the county superintendents of public instruc- 
tion of the several counties of the state of Kansas are hereby 
authorized and empowered to detach territory from the school 
territory of cities of the second class, if said territory sought 
to be detached is outside the corporate limits of said city of 
the second class, notwithstanding the fact that said territory 
forming said school district may have been formed into a 
school district while said city of the second class was a city 
of the third class : Provided, The interests of the public 
schools of the county may warrant such action : Provided, 
That no territory shall be detached unless a majority of the 
citizens living in such territory shall consent in writing to 
the same. (Laws 1891, ch, 88, sec. 1.) 

Sec. 383. Body Corporate. [6300.] The public schools of 
each city organized in pursuance of this act shall be a body 
corporate, and shall possess the usual powers of a corpora- 
tion for public purposes, by the name and style of "The 

board of education of the city of , of the state of Kansas" ; 

and in that name may sue or be sued, and be capable of con- 
tracting and being contracted with, of holding and conveying 
such real and personal estate as it may come into possession 
of, by will or otherwise, or as is authorized to be purchased 
by the provisions of this act, (Laws 1876, ch. 122, art. 11, 
sec. 4.) 

Sec. 384. Conveyance of Property . [6301.] Any city of the 
second class is hereby authorized and required, upon the re- 



Ch. 24] PUBLIC SCHOOLS — CITIES OF SECOND CLASS. 141 

quest of the board of education of such city, to convey to said 
board of education all property within the limits of any such 
city heretofore purchased by any such city for school pur- 
poses, and now held and used for such purposes, the title to 
which is vested in any such city. (Laws 1876, ch. 122, art. 
11, sec. 5.) 

Sec. 385. How Executed. [6302.] All conveyances for the 
property mentioned in the preceding section [384] shall be 
signed by the mayor and attested by the clerk of said city, 
and shall have the seal of the city affixed thereto, and be ac- 
knowledged by the mayor of such city in the same manner 
as other conveyances of real estate. (Laws 1876, ch. 122, 
art. 11, sec. 6.) 

Sec. 386. Board of Education. [6303.] At the annual city 
election there shall be a board of education, consisting of two 
members from each ward, elected by the qualified voters 
thereof, one of whom shall be elected annually, and shall 
hold his oflBce for a term of two years, ^^^ and until his suc- 
cessor is elected and qualified : Provided, That no member of 
the board of education shall be a member of the council, nor 
shall any member of the council be a member of the board of 
education. (Laws 1876, ch. 122, art. 11, sec. 7.) 

Sec. 387. Vacancy. [6304.] The board of education shall 
have power to fill any vacancy which may occur in their body : 
Provided, That any vacancy occurring more than ten days pre- 
vious to the annual election, and having an unexpired term 
of one year, shall be filled at the first annual election there- 
after ; and the ballots and returns of election shall be desig- 
nated as follows : "To fill unexpired term." (Laws 1876, 
ch. 122, art. 11, sec. 8.) 

Sec. 388. Poiuers. [6305.] The board of education shall 
have power to elect their own officers, except the treasurer ; 
to make their own rules and regulations, subject to the pro- 
visions of this article ; to organize and maintain a system of 
graded schools ; to establish a high school whenever in their 
opinion the educational interests of the city demand ;^^^ and 
to exercise the sole control over the schools and school prop- 
erty of the city i^"" and maintain such high school, in whole 
or in part, by demanding, collecting and receiving a tuition 

188. The office of a member of the board of education in a city of the 
second class is not forfeited by a change of residence to another ward. 

189. For provisions for manual training in schools in cities of the second 
class see section 261 of this book. 

190. See sections 334 and 446 of this book for power to condemn school- 
house sites. 



142 PUBLIC SCHOOLS — CITIES OF SECOND CLASS. [Ch. 24 

fee for and from each and every scholar or pupil attending 
such high school. ^^1 (Laws 1889, ch. 224, sec. 1.) 

Sec. 389. Organization. [6306.] The board of education, 
at its regular meeting in May of each year, shall organize by 
the election of a president and vice-president from among its 
own members, each of whom shall serve for the term of one 
year, or until their successors are elected and qualified ; they 
shall also elect a clerk, who shall hold his office during the 
pleasure of the board, and who shall receive such compen- 
sation for his services as the board may allow. (Laws 1876, 
ch. 122, art. 11, sec. 10.) 

Sec. 390. Pre.ndent. [6807.] It shall be the duty of the 
president to preside at all the meetings of the board of edu- 
cation, to appoint all committees whose appointment is not 
otherwise provided for, and to sign all warrants ordered by 
the board, of education to be drawn upon the treasurer for 
school moneys. (Laws 1876, ch. 122, art, 11, sec. 11.) 

Sec. 391. Vice-president. [6308.] It shall be the duty of 
the vice-president to perform all the duties of the president 
in case of his absence or disability. (Laws 1876, ch. 122, 
art. 11, sec. 12.) 

Sec. 392. Clerk. [6309.] It shall be the duty of the clerk 
to be present at all meetings of the board ; to keep an accurate 
journal of its proceedings ; to take charge of its books and 
documents ; to countersign all warrants for school moneys 
drawn upon the treasurer by order of the board of education, 
and perform such other duties as the board of education or 
its committees may require. ^^^ (Laws 1876, ch. 122, art. 11, 
sec. 13.) 

Sec. 393. Bond of Clerk. [6310.] Before entering upon 
the discharge of his duties, the clerk of the board of educa- 
tion shall give bond in the sum of |1000, with good and suf- 
ficient sureties, to be approved by the board, conditioned for 
the faithful performance of the duties of his office. (Laws 
1876, ch. 122, art. 11, sec. 14.) 

Sec. 394. Treasurer. [6311.] The treasurer shall prepare 
and submit in writing a monthly report of the state of the 
finances of the district ; and shall, when required, produce at 
any meeting of the board, or any committee appointed for the 
purpose of examining his accounts, all books and papers 

191. It is unconstitutional to collect tuition from pupils of the school dis- 
trict as provided in section 388. ( See Board of Education v. Dick, 70 Kan. 
434.) 

192. A member of the board cannot legally serve as clerk of the board 
and draw pay therefor. 



Ch. 24] PUBLIC SCHOOLS — CITIES OF SECOND CLASS. 143 

pertaining to his oflSce ; he shall pay moneys only upon a 
warrant signed by the president, or in his absence by the 
vice-president, and countersigned by the clerk ; and shall 
execute a bond in such sum as the board may require, with 
sufficient sureties, to be approved by the board, conditioned 
for the faithful discharge of his duties of treasurer to such 
board. (Laws 1876, ch. 122, art. 11, sec. 15.) 

Sec. 395. Superintendent ; Examining Committee ; Teachers. 
[6312,] The board of education, at such times as they shall 
deem expedient, shall elect a superintendent of schools, in no 
case a member of their own body, whose duty it shall be to 
have a general supervision of the schools of the city, subject 
to the rules and regulations of the board, who shall hold his 
office during the pleasure of the board, and shall receive such 
compensation as that body may allow. The board shall also 
appoint two competent persons, who, with the superintendent 
as chairman thereof, shall be styled the examining committee 
of the board of education, whose duty it shall be to examine 
all persons who may apply to them as teachers ; and no per- 
son, except one who holds a diploma or a certificate^^^ from 
the State Board of Education, or a diploma from the State 
Normal School, shall be elected by the board as a teacher 
who cannot produce a certificate from the examining com- 
mittee, signed by all or a majority of them, and setting forth 
that such a person is competent to teach in such department 
of the public schools as may be stated in the certificate and 
is a person of good moral character ; and the board may fill 
any vacancy which may occur in the examining committee. ^^* 
(Laws 1899, ch. 178, sec. 2.) 

Sec, 396. Annual School Tax. [Laws 1905, ch. 399, sec. 
1.] That the board of education in cities of the second class 
shall, on or before the 15th day of July of each year, levy a 
tax for the support of the schools of the city for the fiscal 
year next ensuing, not exceeding in any one year twenty 
mills^^' on the dollar on all personal, mixed and real property 

193. The State Board of Education prescribes the qualifications for man- 
ual-training teachers. 

194. Qualifications of Teachers in Cities of the First and Second Class. 
The school law authorizes the board of education in a city of the first or 
second class to examine teachers as to their qualification, except in manual 
training, to teach in any given department of the public schools of such city. 
Said board of education has power to determine the kind and grade of the 
certificates and for how long valid. Certificates of this class of cities are a 
distinct class, and are valid in the city of issue only. Cities of the second 
class must recognize certificates and diplomas issued by the State Board of 
Education and diplomas from the State Normal School. 

195. Limited to six mills by Laws 1909, ch. 245, sec. 23 (section 306 of 
this book). 



144 PUBLIC SCHOOLS — CITIES OF SECOND CLASS. [Ch. 24 

within the district which is taxable according to the laws of 
the state of Kansas, which levy the clerk of the board shall 
on or before August 1 certify to the county clerk, who is 
hereby authorized and required to place the same on the tax- 
roll of said county, to be collected by the treasurer of the 
county as are other taxes, and paid over by him to the treas- 
urer of the board of education, of whom he shall take a re- 
ceipt in duplicate, one of which he shall file in his office and 
the other he shall forthwith transmit to the clerk of the board 
of education. 

Sec. 397. Taxable Property. [6314.] The taxable property 
of the whole city, including the territory attached for school 
purposes, shall be subject to taxation. All taxes collected 
for the benefit of the schools shall be paid in money, and 
shall be placed in the hands of the treasurer, subject to the 
order of the board of education. (Laws' 1876, ch. 122, art. 
11, sec. 19.) 

Sbc. 398. Meetings of Board. [6315.] The regular meetings 
of the board of education shall be upon the first Monday of 
each month, but special meetings may he held from time to 
time, as circumstances may demand. (Laws 1876, ch. 122, 
art. 11, sec. 20.) 

Sec. 399. Annual Report. [6316.] The board of educa- 
tion, at the close of each school year or as soon thereafter 
as practicable, shall make an annual report of the progress, 
prosperity, and condition, financial as well as educational, of 
all the schools under their charge ; and said report, or such 
portion of it as ih.e board of education shall consider of ad- 
vantage to the public, shall be printed either in a public 
newspaper or in pamphlet form. (Laws of 1876, ch. 122, art. 
11, sec. 21.) 

Sec. 400. Expenditures; Contracts. [6317.] No expendi- 
tures involving an amount greater than $200 shall be made 
except in accordance with the provisions of a written contract, 
and no contract involving an expenditure of more than |500 
for the purpose of erecting any public buildings or making 
any improvements shall be made except upon sealed propo- 
sals, and to the lowest responsible bidder. ^^^ (Laws 1876, 
ch. 122, art. 11, sec. 22.) 

Sec. 401. Sectarian Doctrine. [6318.] No sectarian doc- 
trine shall be taught or inculcated in any of the public schools 

196. A member of the board cannot legally enter into contract with the 
board to furnish supplies for the schools under said board's control nor to 
perform any service for said board for which said member draws pay. See 
section 252 of this book. 



Ch. 24] PUBLIC SCHOOLS — CITIES OF SECOND CLASS. 145 

of the city ; but the Holy Scriptures, without note or comment, 
may be used therein. ( Laws 1876, ch. J22, art. 11, sec. 28.) 

Sec. 402. Bond Election. [6320.] It shall be the duty of 
the mayor of each city governed by this act, upon the request 
of the board of education, forthwith to call an election, to be 
conducted in all respects as are the elections for city oflBcers 
in the same cities, except that the returns shall be made to 
the board of education, for the purpose of taking the sense of 
such district upon the question of issuing such bonds, naming 
in the proclamation of such election the amount of bonds 
asked for, and the purpose for which they are to be issued. 
(Laws 1876, ch. 122, art. 11, sec. 25.) 

Sec. 403. Execution of Bonds. [6321.] The bonds, the is- 
suance of which is provided for in the foregoing section,^®" 
shall be signed by the president, attested by the clerk and 
countersigned by the treasurer of the board of education ; 
and said bonds shall specify the rate of interest and the time 
when principal and interest shall be paid, and each bond so 
issued shall be for a sum not less than fifty dollars. (Laws 
1876, ch. 122, art. 11, sec. 26.) 

Sec. 404. Levy for Interest and Sinking-fund. [6322.] The 
board of education, at the time of its annual levy of taxes for 
the support of schools as hereinbefore provided, shall also 
levy a sufficient amount to pay the interest as the same ac- 
crues on all bonds issued under the provisions of this article, 
and also to create a sinking-fund for the redemption of said 
bonds, which it shall levy and collect, in addition to the rate 
per cent, authorized by the provisions aforesaid for school 
purposes ; and said amount of funds, when paid into the 
treasury, shall be and remain a specific fund for said purpose 
only, and shall not be appropriated in any other way except 
as hereinafter provided. (Laws 1876, ch. 122, art. 11, sec. 27.) 

Sec. 405. Bonds. [Laws 1909, ch. 62, sec. 7.] That when- 
ever it shall become necessary for the board of education of 
any city of the second class to provide funds for the purchase 
of a school site or sites, or to erect a suitable building or 
buildings thereon, or to fund any bonded indebtedness or any 
floating indebtedness which may at the present exist in the pub- 
lic schools of said cities of the second class, it shall be lawful 
for the board of education of any such city of the second class 
to borrow money for such purposes, and for such purpose or 
purposes the said board of education is hereby authorized 
and empowered to issue bonds bearing a rate of interest not 

197. Section 402 of this book. 
-5* 



146 PUBLIC SCHOOLS — CITIES OF SECOND CLASS. [Ch. 24 

exceeding five per cent, per annum, payable annually or 
semiannually at such time and place as may be mentioned 
on the face of the bonds, which shall be payable in not more 
than twenty years from their date, and the board of educa- 
tion is hereby authorized and empowered to sell such bonds 
at'lnot less than their par value: Provided, That no such 
bonds, except refunding bonds, shall be issued until the 
question of issuing the same shall be submitted to a vote of 
the people, and a majority of the qualified electors, male and 
female, who shall vote on the question at an election called 
for that purpose shall have declared by their votes in favor 
of issuing such bonds : Provided further, That the total in- 
debtedness of the said board of education shall not thereby 
be increased to an amount exceeding one and one-half per 
cent, of the authorized valuation of the territory within the 
jurisdiction of said board of education : Provided further , That 
the board of education of cities of the second class may issue 
bonds at any time without such election to pay outstanding 
warrants or floating indebtedness which may exist at the 
passage of this act ; and such board of education may issue 
at any time a bond for a sum not greater than ten hundred 
dollars to raise money to pay for needful repairs on school 
buildings, or to pay for outbuildings or heating plants for the 
public-school buildings, if the state school superintendent 
shall approve in writing such issue of bonds for floating in- 
debtedness and for the purposes in the above proviso : Pro- 
vided , It shall not at any time exceed an aggregate amount of the 
sum of five thousand dollars : Provided further , That the right 
granted herein to boards of education to issue bonds without 
such election shall not be construed to authorize an issue of 
bonds which, with those of the same kind already outstanding, 
shall exceed one-half of one per cent, of the assessment for 
taxation, as shown by the last finding and determination of 
the proper board of equalization. 

Sec. 406. Use of Sinking fund. [6323. J All moneys raised 
for the purpose of creating a sinking-fund for the final re- 
demption of all bonds issued under this article shall be in- 
vested annually by the board of education in the bonds of 
the state of Kansas, or of the United States, or the board 
may buy and cancel the bonds of the district whenever such 
may be purchased at or below par. (Laws 1876, ch. 122, 
art'. 11, sec. 28.) 

Sec. 407. Interest. [6824.] Whenever the interest coupons 
of the bonds hereinbefore authorized shall become due, they 
shall be promptly paid, on presentation, by the treasurer, out 
of money in his hands collected for that purpose ; and he shall 



Ch. 24] PUBLIC SCHOOLS — CITIES OF SECOND CLASS. 147 

indorse upon the face of such coupons in red ink the word 
"Paid," and the date of payment, and sign the initials of his 
name. (Laws 1876, ch. 122, art. 11, sec. 29.) 

Sec. 408. Security. [6325.] The school fund and property 
of such city and territory attached for school purposes are 
hereby pledged to the payment of the interest and principal 
of the bonds mentioned in this article, as the same may be- 
come due. (Laws 1876, ch. 122, art. 11, sec. 30.) 

Sec. 409. Bond Registry. [6326.] It shall be the duty of 
the clerk of the board of education to register in a book pro- 
vided for that purpose the bonds issued under this article, and 
all warrants issued by the board, which said register shall 
show the number, date and amount of said bonds, and to 
whom made payable. (Laws 1876, ch. 122, art. 11, sec. 31.) 

Sec. 410. Bonds Ixsued to Pay Outstanding Warrants.' [Laws 
1909, ch. 81, sec. 1.] That the board of education of any city 
of the second class are hereby authorized to issue bonds of such 
board of education in an amount not to exceed the total amount 
due on warrants of said board of education outstanding at 
the time this law takes effect, including accrued interest. The 
proceeds derived from the sale of said bonds shall be used for 
the payment of the amount due on such outstanding warrants, 
including interest, and for no other purpose whatsoever. 

Sec. 411. Denominations; Payment; Signatures. [Laws 
1909, ch. 81, sec. 2.] That said bonds shall be issued in de- 
nominations of not less than one hundred dollars, and shall 
be payable not less than five or more than twenty years from 
the date thereof, and shall bear interest at a rate not to exceed 
five per cent, per annum, payable semiannually, for which 
interest coupons shall be attached to said bonds. The board 
of education issuing said bonds shall by resolution determine 
the time or times when said bonds shall be payable and the 
denomination or denominations thereof. All said bonds and 
coupons shall be payable at the oflBce of the state treasurer 
of the state of Kansas, at Topeka, Kan. The bonds shall be 
signed by the president and clerk of the board of education 
issuing the same, and the coupons shall be signed in the same 
way, or have printed or engraved thereon a. fascimile of said 
signatures. 

Sec. 412. Sale of Bonds. [Laws 1909, ch. 81, sec. 8.] That 
said bonds shall be sold under the direction of the board of 
education issuing the same, for not less than their par value, 
and no commission shall be allowed for the same. No bond 
shall be delivered to any purchaser unless the board of 
education issuing the same shall receive at the time. of the 



148 PUBLIC SCHOOLS — CITIES OF SECOND CLASS. [Ch. 24 

delivery thereof the outstanding warrants which are paid by 
the proceeds of said bonds. 

Sec. 413. Tax for Interest and Sinking-fund. [Laws 1909, 
ch. 81, sec. 4.] Each board of education issuing bonds under 
the provisions of this act shall each year levy a tax on the 
taxable property of said city and the territory attached thereto 
for school purposes sufficient to pay the interest accruing 
thereon, and shall also make such provision for a sinking-fund 
as they may deem proper. 

Sec. 414. Oath of Office. [6327.] Each member of the 
board of education and officer provided for in this article shall 
take and subscribe an oath or affirmation to support the con- 
stitution of the United States, the constitution of the state of 
Kansas, and faithfully perform the duties of his office. The 
oath and bond of the clerk shall be filed with the treasurer. 
All other oaths and bonds shall be filed with the clerk. (Laws 
1876, ch. 122, art. 11, sec. 82.) 

Sec. 415. Treasurer of the Board. [949.] There shall be 
elected, on the first Tuesday of April of each odd-numbered 
year, a mayor, police judge, city treasurer, and treasurer of 
the board of education, together with councilmen, members' 
of the board of education, justices of the peace, and constables, 
as herein provided. The mayor shall appoint, by and with 
the consent of the council, a city marshal, a city clerk, a city 
attorney, and city assessor, and may appoint an assistant 
marshal, city engineer, street commissioner, and such police- 
men and other officers as they may deem necessary. The 
officers so appointed and confirmed shall hold their offices for 
the term of one year, and until their successors are appointed 
and qualified ; the council shall by ordinance specify their 
duties and compensation, and by ordinance abolish any office 
created by them whenever they may deem it expedient. The 
mayor, councilmen, members of the board of education, jus- 
tices of the peace, constables, city treasurer, police judge and 
treasurer of the board of education shall hold. their offices for 
the term of two years, and all other officers for the term of 
one year : Provided, At the first annual election after the or- 
ganization of any city there shall be two councilmen and two 
members of the board of education elected from each ward, 
one of whom shall serve for one year and one for two years, 
and one councilman and one member of the board of educa- 
tion shall be elected from each ward at each annual election 
thereafter : Provided, That no member of the board of edu- 
cation shall be a member of the council, nor shall any mem- 
ber of the council be a member of the board of education, 
and no person shall hold the office of police judge and justice 



Ch. 24] PUBLIC SCHOOLS — CITIES OF SECOND CLASS. 149 

of the peace at the same time : And provided further , That in 
cities having a population of over 10,000 inhabitants the 
board of education shall consist of six members only. There 
shall be elected in such cities, on the first Tuesday of April, 
1886, six members of the board of education, two of whom 
shall serve for one year, two for two years, and two for three 
years, and at the annual election every year thereafter two 
members of the board of education shall be elected for the 
term of three years. (Laws 1885, ch. 99, sec. 3.) 

Sec. 416. Validity of Official Acts. [Laws 1907, ch. 243, 
sec. 1.] That in cases wherein, in cities of the second class 
of over ten thousand inhabitants, the boards of education 
have heretofore consisted of but six members, the official acts 
and proceedings of such boards heretofore had and taken, and 
contracts made and entered into and obligations incurred by 
such boards of education in pursuance of the Idws of Kansas 
governing boards of education in such cities, be and the same 
are hereby ratified and confirmed, and declared to be of the 
same validity, force and efi'ect as though said boards of edu- 
cation had consisted of two members from each of the wards 
of such cities. 



150 PUBLIC SCHOOLS — CITIES OP THIRD CLASS. [Ch. 25 



CHAPTER XXV.— Public Schools in Cities of the 

Third Class. 

§417. Cities of the third class defined; gov- I §418. Shall not be detached from school dis- 
ernment of public schools. | tricts, etc. 

Section 417. Defined. [6329.] Public schools in incorpo- 
rated cities which have not less than 250 and not over 2000 
inhabitants, if not otherwise provided for by law, shall be 
governed by the provisions of this act which apply to the or- 
ganization and maintenance of district schools"® or of union 
or graded"^ schools. (Laws 1876, ch. 122, art. 12, sec. 1.) 

Sec. 418. Area. [6330.] That no portion of the corpora- 
tion of a city of the third class shall be detached from the 
school district in which the city is located, and the whole of 
such corporation shall be and remain in one school district 
for the purpose of schools and taxation. (Laws 1876, ch. 
122, art. 12, sec. 2.) 

198. See chapters IX and XXVIII. 

199. See chapter XXVIII. 



Ch. 26] INDUSTRIAL-SCHOOL PUPILS 151 



CHAPTER XXVI.— Industkial-school Pupils 



200 



§419. Indentured pupils; county superin- I §421. County superintendent to seek out per- 
tendent. sons ■willing to receive indentured, pu- 

420. Pupils not properly provided for. I pils. 

Section 419. County Superintendent Shall Visit. [7132.] 
The superintendents of public instruction in the several coun- 
ties of the state are hereby designated as visiting agents, to 
have local supervision over indentured pupils of the Reform ^"^ 
School. It shall be the duty of each visiting agent to visit 
as often as twice each year all pupils of the Reform School ^^^ 
who may have been indentured to persons residing within 
his county. ^''^ He shall inquire into the condition of such 
pupils, and make such other investigations in relation thereto 
as the board of trustees may prescribe ; and, for the purpose 
aforesaid, said agents may have private interviews with such 
pupils at any time, and shall have power to administer oaths. 
(Laws 1881, ch. 129, sec. 13.) 

Sec. 420. Pupils rtot Properly Provided for. [7133.]*"^ When 
any visiting agent is of the opinion that an indentured pupil 
is not properly provided for, and cannot be so held to his fur- 
ther advantage, he shall report the fact to the board of trus- 
tees ; and no pupil shall be indentured to any person until 
notice of an application therefor has been given to said agent, 
and his report in writing, made after investigation into the 
propriety thereof, is filed with the institution. (Laws 1881, 
ch. 129, sec. 14.) 

Sec. 421. Seek out Persons to Receive Indentured Pupils. 
[7134.]^"^ Said agent shall seek out suitable persons who are 
willing to receive pupils from the Reform SchooP"^ under ar- 
ticles of indenture, and give notice thereof to the president of 
the board of trustees, which notice shall contain the agent's 
recommendation of the applicant as a proper person to receive 
and have the care of any such pupil. (Laws 1881, ch. 129, 
sec. 15. ) 

200. The requirements of this chapter, as well as those of section 7153, 
7154, and 7155, referred to in foot-note 202, are probably modified by the 
provisions of chapter 475, Laws of 1905, entitled "Board of Control of State 
Charitable Institutions." 

201. Refers to Industrial School for Boys. 

202. Sections 7153, 7154, 7155. General Statutes of 1901, impose similar 
duties relative to the Industrial School for Girls. 



152 



STATE SUPERINTENDENT. 



[Ch. 27 



CHAPTER. XXVII. — State Superintendent of 
Public Instruction. 



j422. 
423. 



424. 



425. 



426. 
427. 



Official oath and bond. 

Shall have supervision of the educa- 
tional interests of the state. 

May appoint an assistant superintend- 
ent and a clerk of the board of school- 
fund comnjissioners. 

Apportionment of the annual school 
fund ; time of making:, and basis of 
the same. 

Manner of apportioning the state an- 
nual school fund. 

Official opinions to be given at the re- 
quest of county superintendents, and 
a record of such decisions kept. 



§428. 



430. 



431. 
432. 



May publish the school laws in force, 
and shall cause the printing and dis~ 
tribution of blanks required in trans- 
action of the common-school business. 

Shall visit schools and recommend text- 
books. 

Office at seat of government; books, ap- 
paratus, reports, etc., to be preserved 
therein. 

Evidence. 

Biennial report ; when it shall be made, 
and what it shall contain. 



Section 422. Oath and Bond. [7278.] The state superin- 
tendent of public instruction shall, before he enters upon the 
duties of his oflQce, take and subscribe the proper oath of 
oflBce, and shall execute to the state of Kansas a bond in the 
sum of 110,000, with two or more sufficient sureties to be ap- 
proved by the Executive Council, conditioned that he shall 
faithfully perform the duties of his said office, which oath 
and bond shall be filed in the oflBce of the secretary of state. 
(Laws 1879, ch. 166, sec. 78.) 

Sec. 423. General Duties. [7279.] The educational inter- 
ests of the state shall be under the supervision and manage- 
ment of the state superintendent of public instruction, subject 
to such limitations and restrictions as are or may be pre- 
scribed by law ; and he shall have and exercise the powers 
and perform the duties prescribed in the acts relating to com- 
mon schools. (Laws 1879, ch. 166, sec. 79.) 

Sec. 424. Assistant and Clerk. [7280.] The state superin- 
tendent shall have power to appoint an assistant superin- 
tendent of public instruction, who shall take the proper oath 
of office, which shall be filed in the office of the secretary of 
state ; and such assistant shall perform such duties as his 
principal shall prescribe, not inconsistent with law. Such 
assistant shall be styled the " assistant state superintendent 
of public instruction," and the state superintendent shall be 
responsible for all the oflScial acts of such assistant. Such 
superintendent may also appoint an additional clerk, who 
shall act as clerk of the board of commissioners for the man- 
agement and investment of the school fund ; and such clerk 
shall perform such other duties as the superintendent may 
require, and for whose official acts such superintendent shall 
be responsible. (Laws 1879, ch. 166, sec. 80.) 



Ch. 27] STATE SUPERINTENDENT. 153 

Sec. 425. Apportionment of School Fund. [7281.] Such 
state superintendent shall distribute the income of the state 
school fund and the annual taxes collected by the state for 
the support of common schools to those counties of the state 
from which the proper reports have been received by said 
state superintendent. Such distribution shall be made twice 
in each year, as follows : All such moneys received up to the 
15th of February shall be distributed between the 15th and 
last day of such month, and that received up to the 15th day 
of August shall be distributed between the 15th and last day 
of such month. The apportionment to each county shall be 
made in proportion to the number of children over the age of 
five years and under the age of twenty-one years, resident 
therein, as shown by the last annual report of the county 
superintendent to the state superintendent. (Laws 1879, ch. 
166, sec. 81.) 

Sec. 426. Draw Orders. [7282.] Such superintendent shall 
draw his order on the state treasurer in favor of the county 
treasurer of the counties respectively entitled to school mon- 
eys for the amount of such moneys apportioned to his county, 
and certify the amount of such order to the state treasurer 
and state auditor, and also to the county clerk and superin- 
tendent of the proper county. (Laws 1879, ch. 166, sec. 82.) 

Sec. 427. Official Opinions. [7283.] Such superintendent 
shall, at the request of any county superintendent, ^°* give his 
opinion, upon a written statement of facts, on all questions 
and controversies arising out of the interpretation and con- 
struction of the school laws in regard to the rights, powers 
and duties of school-district boards, school officers, and county 
superintendents, and shall keep a record of all such decisions. 
Before giving any such opinion, the superintendent may sub- 
mit the statement of facts to the attorney-general for his ad- 
vice thereon, and it shall be the duty of the attorney-general 
forthwith to examine such statement, and suggest the proper 
decision to be made upon such facts. (Laws 1879, ch. 166, 
sec. 83.) 

Sec. 428. School Latvs and Blanks. [7284.] Such superin- 
tendent, not oftener than once in two years, may publish the 
school laws in force, with such forms, regulations, instruc- 
tions and decisions as he may judge expedient thereto an- 
nexed, and shall cause the same to be forwarded to the persons 
entitled to receive them. He shall prescribe and cause to be 
prepared all forms and blanks necessary in the details of the 

203. The state Buperintendent is required by law to render an opinion to 
the county superintendent. Such opinions should always be sought through 
the county superintendent. 



154 STATE SUPERINTENDENT. [Ch. 27 

common-school system, so as to secure its uniform operation 
throughout the state ; and shall cause the same to be for- 
warded to the several county superintendents, to be by them 
distributed to the several persons or officers entitled to receive 
the same. (Laws 1879, ch. 166, sec. 84.) 

Sec. 429. Visitation and Text-books. [7285.] It shall be 
the duty of such superintendent to visit each county of the 
state at least once in two years, and as much oftener as con- 
sistent with the discharge of his other duties, for the purpose 
of advancing and promoting the cause of education through- 
out the state. It shall be his duty to recommend the most 
approved text-books for the common schools of the state, and 
to open such correspondence as may enable him to obtain all 
necessary information relating to the system of common 
schools in other states. (Laws 1879, ch. 166, sec. 85.) 

Sec. 430. Office. [7286.] Such superintendent shall have 
an office in the capitol, where he shall keep all books and pa- 
pers pertaining to the duties of his office ; and all books, 
school and other, and all apparatus, maps and charts now 
belonging to the office of the state superintendent, and such 
as may hereafter be received for such office by purchase, ex- 
change, or otherwise, shall be kept and preserved in such 
office, and delivered by the superintendent to his successor. 
He shall file and carefully preserve in his office the official 
reports made to him by the county superintendents of the 
several counties, trustees or directors of academies, graded 
schools, or colleges. (Laws 1879, ch. 166, sec. 86.) 

Sec. 431. Copies of Papers. [7287.] Copies of all papers 
filed in his office, and the record of his official acts, may be 
certified by him, and when so certified shall be evidence 
equally and in like manner as the originals. (Laws 1879, 
ch. 166, sec. 87.) 

Sec. 432. Biennial Report. [7289.] The superintendent 
shall, on the 1st day of December preceding each regular 
session of the legislature, make out and deliver to the gov- 
ernor a report containing: (1) A statement of the number 
of common schools in the state, the number of scholars at- 
tending the same, their .sex, and the branches taught ; a 
statement of the number of private or select schools in the 
state, so far as the same can be ascertained, and the number 
of scholars attending the same, their sex, and the branches 
taught ; a statement of the number of normal schools in the 
state, and the number of students attending them ; the num- 
ber of academies and colleges in the state, and the number 
of students, and their sex, attending them ; and such other 



Ch. 27] STATE SUPERINTENDENT. 155 

matters of interest as he may deem expedient, drawn from 
the reports of the county superintendents of the several coun- 
ties in the state, and from other reports received on the sub- 
ject of education from trustees or other school boards within 
the state. (2) A statement of the condition of the common- 
school fund of the state, including moneys, school-lands or 
other property held in trust by the state for the support of 
common schools, and giving a full statement of the school- 
land account of each county. (3) A statement of the re- 
ceipts and expenditures for the year. (4) A statement of 
plans for the management and improvement of common 
schools, and such other information relating to the educa- 
tional interests of the state as he may deem important. 
(Laws 1879, ch. 166, sec. 88.) 



156 



SCHOOL DISTRICTS. 



[Ch. 28 



CHAPTER XXVIII.— School Districts. 



ARTICLE I. 



§433. 
434. 
435. 



438. 



439. 
440. 
441. 



Shall be deemed organized, when. 

Shall be a body corporate. 

Joint districts, how formed and desig- 
nated. 

Joint-district fund. 

Annual meeting:, when held ; notice ; 
special meetings. 

When business of annual meeting may 
be transacted at special meeting ; 
when and how called. 

Notice of district meetings. 

Who may vote at district meetings. 

How to proceed when a voter is chal- 
lenged. 



§442. 
443. 



444. 
445. 
446. 

447. 



449. 
450. 



Powers of district meetings. 

District meetings may determine length 

of school term, etc.; when board may 

determine the same. 
Schoolhouse site may be changed. 
Value of schoolhouse, how determined. 
Schoolhouse site may be condemned, 

when and how. 
Territory annexed to city by extension 

of limits. 
Duty of county superintendent. 
Appeal to commissioners. 
Voluntary disorganization of districts. 



Section 433. Organization. [6116.] Every school district 
shall be deemed duly organized when the officers constituting 
the district board shall have been elected and qualified, and 
shall have signified their acceptance to the county superin- 
tendent in writing, which the superintendent shall file in his 
office.*"* {Laws 1876, ch. 122, art. 3, sec. 1.) 

Sec. 434. Body Corporate. [6117.] Every school district 
organized in pursuance of this act shall be a body corporate, 
and shall possess the usual powers of a corporation for public 
purposes, by the name and style of school district No. — 
(such a number as may be designated by the county super- 
intendent) , county (the name of the county in which 

the district is situated ) , state of Kansas, and in that name 
may sue and be sued, and be capable of contracting and 
being contracted with, and holding such real and personal 
estate as it may come into possession of by will or otherwise, 
or as is authorized to be purchased by the provisions of this 
act. (Laws 1876, ch. 122, art. 3, sec. 2.) 

Sec. 435. Joint Districts. [6118.] When it shall become 
necessary to form a school district lying partly in two or 
more counties, the county superintendents of the counties 
in which the said tract of country shall be situated, when 
application shall be made in writing to any one of them 
by five householders resident therein, shall, if by them 
deemed necessary, meet and proceed to lay oJBf and form 
the same into a school district, issue notices for the 
first district meeting, and shall file the proper papers in 
their respective offices ; and such district so organized 

shall be designated joint district No. — , counties of ; 

and the boundaries of such district shall not be altered ex- 



204. Officers elected at the first district meeting hold only until the next 
annual election. 



Ch. 28] SCHOOL DISTRICTS. 157 

cept by the joint action of the superintendents of the several 
counties represented in said district : *°' Provided, That if in 
the alteration of or refusal to alter the boundaries of any joint 
school district, any person or persons shall feel aggrieved, 
such person or persons may appeal to the state superintendent 
of public instruction,^"* and notice of such appeal shall be 
served on the superintendents of the several counties repre- 
sented in said district within ten days after the rendition by 
them of the decision appealed from, which notice shall be in 
writing, and shall state fully the objections to the action of 
the county superintendent, and a copy thereof shall be filed 
with the state superintendent of public instruction ; and it 
shall be the duty of the county superintendent in whose pos- 
session are the papers connected with the action appealed 
from to transmit the same to the state superintendent of pub- 
lic instruction, immediately upon being served with notice of 
appeal, as hereinbefore presented ; and thereupon the state 
superintendent of public instruction shall fix a time for the 
hearing of said appeal, and notify the several county super- 
intendents interested, and the appellants, thereof ; and his 
decision on said appeal shall be final, and shall be by him 
certified to the several county superintendents interested, and 
they shall take action in accordance therewith : And provided 
further, That each joint district, except in matters relating to 
the alteration of the boundaries thereof, shall be under the 
jurisdiction and control of the superintendent of that one of 
the counties represented in such district which has the largest 
amount of territory embraced within the boundaries of such 
joint district. (Laws 1879, ch. 158, sec. 1.) 

Sec. 436. Joint-district Fund. [6119.] Whenever it shall 
appear that any school district in this state lies or is in two 
or more counties, it shall be the duty of the treasurer of the 
county or counties having the smaller amount of territory in 
said district to transfer to the treasurer of the county having 
the greater amount of territory of said district, before the 10th 
day of January, 1st day of July and 20th day of September 
of each year, all moneys in his hands belonging to said dis- 
trict, including all money for the payment of bonds or inter- 
est on bonds of said district ; and the treasurer receiving said 
money shall issue therefor and forward to the treasurer so 

205. Division of Joint District. A joint district cannot be divided on the 
county line, thus forming two districts, one in each county. Such action 
would involve the disorganization of a school district, something which a 
county superintendent is not authorized to do, unless it becomes depopulated 
or fails to maintain school for three years and to provide for the tuition and 
transportation of its pupils. There! is no appeal in the formation or refusal 
to form a joint district. 



158 SCHOOL DISTRICTS. [Ch. 28 

sending the money receipts in triplicate, one of which said 
treasurer shall file with the county clerk of the county, and 
the board of county commissioners thereof shall give said 
treasurer proper credit therefor. One of said receipts shall 
be sent- to the county clerk of the county to which the money 
was sent, who shall charge the county treasurer with the 
amount thereof. (Laws 1889, ch. 226, sec. 1.) 

Sec. 437. Annual and Special Meetings. [Laws 1909, ch. 
213, sec, 1.]^"® An annual meeting of each school district 
shall be held on the third Thursday in July in each year, at 
two o'clock p. M., except that in all school districts in which 
is located a city of the third class the annual meeting shall 
be held on the second Friday in April in each year, at two 
o'clock p. M. Notice of the time and place of said annual 
meeting shall be given by the clerk by posting written or 
printed notices in three public places within the district at 
least ten days before said meeting. ^"^ Special meetings may 
be called by the district board or upon a petition signed by 
ten resident taxpayers of the district, but notice of such spe- 
cial meeting, stating the purpose for which it is called, shall 
be posted in at least three public places within such district 
ten days previous to the time of such meeting. 

Sec. 438. Special Meetings. [6123.] Whenever the time 
for holding an annual meeting in any district shall pass with- 
out said meeting being held, the clerk, or, in his absence, 
any other member of the district board, within twenty days 
after the time for holding said annual meeting shall have 
passed, may give notice of a special meeting, by putting up 
written notices ^"^ ^hereof in three public places within the 
district, at least five days previous to the time of meeting ; 
but if such meeting shall not be notified within twenty days 
as aforesaid, the county superintendent may give notice of 
such meeting in the manner provided for forming new dis- 
tricts ; and the officers chosen at such special meeting shall 
hold their offices until the next annual meeting, and until 

206. This section does not change the date of the annual meeting in school 
districts in which the date has been fixed by a special act. The annual 
school meeting in all school districts in which a city of the third class is not 
located, and in all union or graded-school districts comprising a single dis- 
trict, is to be held the third Thursday in July. In all union or graded-school 
districts comprising two or more existing districts it is held the last Wednes- 
day in June. In all consolidated-school districts it is held the second Wednes- 
day in June. 

207. A failure on the part of the district clerk to post the notices of the 
time and place of the annual meeting will not invalidate the proceedings of 
said meeting. 

!*^ 208. Notices of special meetings must be posted as required by law. A 
failure to so post them will invalidate the action of the meeting. 



Ch. 28] SCHOOL DISTRICTS. 159 

their successors are elected and qualified. (Laws 1876, ch. 

122, art. 3, sec. 7.) 

Sec. 439. Notice of Meetings. [6124.] It shall be the duty 
of the clerk to give at least ten days' notice previous to any 
annual or special district meeting, by posting up notices 
thereof at three or more public places in the district, one of 
which notices shall be affixed to the outer door of the school- 
house, if there be one in the district, and said clerk shall 
give the like notice of every adjourned meeting, when such 
meeting shall have been adjourned for a longer period than 
one month. Every notice for a special district meeting shall 
specify the objects for which such meeting is called, and no 
business shall be acted upon at any special meeting not speci- 
fied in said notice. (Laws 1876, ch. 122, art. 3, sec. 8.) 

Sec. 440. Qualified Voters. [6125.] The following persons 
shall be entitled to vote at any district meeting : (1) All per- 
sons possessing the qualifications of electors as defined by 
the constitution of the state, and who shall have been in 
good faith residents of the district for thirty^**' days next 
prior to the time of offering to vote at said election. (2) 
All female persons over the age of twenty-one years, not sub- 
ject to the disqualifications named in section 2,^^" article 5, of 
the constitution of the state, and who shall be residents in 
good faith in the district for thirty days next prior to the 
time of offering to vote at said election. ^^^ (Laws 1889, ch. 

123, sec. 1.) 

Sec. 441. Challenge. [6126.] If any person offering to 
vote at a school-district meeting shall be challenged as un- 
qualified by any legal voter, the chairman presiding shall 
declare to the person challenged the qualifications of a voter, 
and if such challenge be not withdrawn, the chairman, who 
is hereby authorized, shall tender to the person offering to 
vote the following oath or afiirmation : "You do solemnly 
swear (or affirm) that you are an actual resident of this 
school district, and that you are qualified by law to vote at 
this meeting." Any person taking such oath or affirmation 

209. Voters who have come into a district by reason of attachment of 
territory to said district, by disorganization of said voters' original district 
by any legal process, retain all rights of suffrage at school elections and 
meetings, regardless of the thirty-day restriction, .g;:^ . ^ , , . . g 

El; 210. See section 171, General Statutes of 1901. CZ::; "!r^ "^^ " ^^ 

211. Naturalization. A woman of foreign birth who is the wife of a 
naturalized foreigner, but who has not herself taken out naturalization pa- 
pers, is entitled to vote at any school-district meeting, provided she possesses 
the other necessary qualifications. The naturalization of the husband jiat- 
uralizes the wife and all children who are under the age of twenty-one years. 



160 SCHOOL DISTRICTS. [Ch. 28 

shall be entitled to vote on all questions voted upon at such 
meeting. (Laws 1876, ch. 122, art. 3, sec. 10.) 

Sec. 442. Powers of District Meeting. [Laws 1909, ch. 214, 
sec. 1.] The inhabitants qualified to vote at a school meet- 
ing lawfully assembled shall have power : First, to appoint a 
chairman to preside over said meeting in the absence of the 
director ; second, to adjourn from time to time ;"^ third, to 
choose a director, clerk and treasurer, who shall possess the 
qualifications of voters ; fourth, to designate by vote a site 
for a district schoolhouse ; fifth, to vote a sum annually, not 
exceeding the limit fixed by law, ^^^ as the meeting shall deem 
sufficient, for the various school purposes^^* and for the pay- 
ment of any floating indebtedness of the district, and distribute 
the amount as the meeting shall deem proper in the payment 
of teachers' wages and to purchase or lease a site ; provided, 
when not included within the limits of a town or village, said 
site shall not cantain less than one acre), and to build, hire 
or purchase such schoolhouse, ^^^ and to keep in repair and 
furnish the same with the necessary fuel and appendages, 
and to pay any floating indebtedness of the school district ; 
sixth, to authorize and direct the sale of any schoolhouse, site 
or other property belonging to the district when the Same 
shall not longer be needful for the use of the district ; seventh, 
to give such direction and make such provision as may be 
deemed necessary in relation to prosecution or defense of any 
suit or proceedings in which the district may be a party. ^^® 

Sec. 443. School Term. [Laws 1903, ch. 436, sec. 1.] The 
qualified voters at each annual meeting, or any special meet- 
ing duly called, may determine the length of time a school 
shall be taught in their district for the ensuing year, which 
shall not be less than three months, and whether the school 
money to which the district may be entitled shall be applied 

212. Adjournment. A district meeting has the right to adjourn from 
time to time, and if an adjournment is taken to a particular time, any busi- 
ness can be transacted at this adjourned session that might have been trans- 
acted at the regular meeting. No additional notice is necessary, unless the 
meeting shall have been adjourned for a longer period than one month. ( See 
sec. 383.) 

213. Limited to three and one-half mills, Laws 1909, ch. 245, sec. 24 (sec- 
tion 306 of this book) . For means of increasing this amount, see Laws 1909, 
ch. 245, sec. 27 (section 309 of this book). The levy must be made in money 
and not in mills. 

214. More than one school may be established within a school district. 

215. A tax may also be levied for the purpose of purchasing a district 
library. ( See section 312 of this book. ) 

216. Australian Ballot. The Australian-ballot law does not apply to 
elections in school-district meetings. 



Ch. 28] SCHOOL DISTRICTS. 161 

to the support of the summer or winter term of school or a 
certain portion of each ; but if such matters shall not be de- 
termined at the annual or any special meeting, it shall be the 
duty of the district board to determine the same.-^^ 

Sec. 444. Change of Site}^^ [Laws 1903, ch. 428, sec. 1.] 
That school districts having schoolhouses the value of which 
is not less than $400, the schoolhouse site shall not be changed 
except by a vote of at least two-thirds of the legal voters of 
such district in favor of such change ; and in districts where 
the value of the schoolhouse is less than |400, the schoolhouse 
site shall not be changed except by a vote of a majority of the 
legal voters of the district in favor of such change. 

Sec, 445, Appraisement. [Laws 1903, ch. 428, sec. 2.] The 
value of schoolhouses in districts desiring to change the 
schoolhouse site shall be determined by three appraisers ap- 
pointed by the county commissioners. 

Sec. 446. Site Condemned}^^ [6131.] In case any school 
district or the board of education of any city of the second 
class cannot by purchase at reasonable rates, or by donation 
or otherwise, obtain title to the site selected by such school 
district ; or if it be deemed advisable by such school district 
or by the district board to add other ground to any school- 
house site already selected ; or if, in good faith, but by mis- 
take or otherwise, a schoolhouse has been or shall be erected 
wholly or partially upon any land or lot to which said school 
district at the time of the erection of such school building, or 
any addition thereto, had not acquired title, then, and in 
any such cases, upon the written application of the district 
board of such school district, or a majority of the board, it 
shall be the duty of the probate judge of the county in which 
such school district is situated to appoint three disinterested 
freeholders of such county, and not residents of such school 
district, to condemn and appraise such site, or addition 
thereto ; and in case such land or lot so condemned and ap- 
praised shall be an original selection for a schoolhouse site, 
the amount so condemned and appraised shall not exceed 
one and one-half acres ; and if it be for an addition to an ex- 
isting site, the additional amount condemned and appraised 

217. The electors, at the annual or a special meeting, have no power to 
determine who shall or who shall not be employed as teacher, or the com- 
pensation such teacher shall receive. These are questions to be determined 
by the district board. , 

218. The vote to locate the school site after it has been changed requires 
only a majority of those voting on the proposition. 

219. See sections 333 to 338 of this book. 

-6 



162 SCHOOL DISTRICTS. [Ch. 28 

shall not, with the original site, exceed one and one-half 
acres. Immediately after their appointment, such appraisers 
shall proceed, and condemn and appraise the value of the 
site so selected, or the addition to such existing site. And 
they shall, within ten days thereafter, make and sign a 
report describing the land or lot so condemned, the purpose 
for which it was so condemned, and the appraised value 
thereof, which report shall be by them filed in the ofiice of 
the register of deeds of the county in which such land or lot 
is situate, and by such register duly recorded, as other instru- 
ments of writing affecting the title to real estate are recorded. 
In appraising any schoolhouse site, or addition thereto, to 
which such school district had not title at the time of erect- 
ing any schoolhouse, or addition thereto, thereon, said ap- 
praisers shall exclude from their appraisement the value of 
such schoolhouse, or addition, and appraise such land or lot 
at its value, exclusive of such building, addition or other im- 
provement placed thereon in good faith, but by mistake of 
said school district or said school-district board. Within 
thirty days after the report of said appraisers is filed in the 
office of the register of deeds, the district board of such school 
district shall pay to the county treasurer of the county in 
which such condemned land or lot is situate, for the use of 
the owner of such lands or lot, the amount of the appraised 
value thereof, and also fifty cents for said register of deeds 
for recording said report. And upon such payment being 
made to such county treasurer by such district board, the title 
to such site or addition thereto shall vest in such school dis- 
trict. Either party, the owner of the land or lot condemned 
or the school district, may appeal from such appraisement to 
the district court, in the same time and manner that appeals 
are taken from the judgments of justices of the peace in civil 
actions. (Laws 1885, ch. 174, sec. 1.) 

Sec. 447. Territory Annexed to City . [6428.] When all the 
territory of a school district shall become annexed to a city of 
the first or second class by the extension of the boundaries of 
the city, all the school property, including moneys on hand 
and due to said district, together with all records and papers 
belonging to said district board, shall be transferred to, and 
the title vested in, the board of education of such city, and 
said board of education shall assume and be held responsible 
for the legitimate floating and bonded indebtedness of such 
annexed district. (Laws 1893, ch. 128, sec. 1.) 

Sec. 448. Duty of County Superintendent. [6429.] When, 
by the extension of the limits of any city of the first or second 
class, a part of the territory of an adjacent district is annexed 



Ch. 28] SCHOOL DISTRICTS. 163 

to such city, it shall be the duty of the county superintendent 
to determine the present value of all the school property of 
such district, also all moneys due to or in the hands of the 
district treasurer, and to equitably apportion the amount due 
the district board, or board of education, as the case may be. 
The amount due to the district board or board of education 
of such city, when ascertained by the county superintendent, 
shall be levied upon the taxable property of that district or 
corporation found to be in debt, and shall be, collected in the 
same manner as if the same had been authorized by the vote 
of the district board or by the board of education of such 
city, and when collected it shall be paid to the treasurer of 
that district or board of education to which it is due. The 
board of education, or the district board retaining the school- 
house, shall assume the bonded indebtedness incurred in 
building and furnishing such schoolhouse. All unadjusted 
claims of city and school districts arising from such annexa- 
tion previous to the passage of this act shall be adjusted in 
accordance with provisions of this section. (Laws of 1893, ch. 
128, sec. 2.) 

Sec. 449. Appeal. [6430.] If, in the adjustment of school 
property where a part of a school district has been annexed 
to a city of the first or second class, any person or persons 
shall feel aggrieved by the decision rendered by the county 
superintendent, an appeal may be taken to the board of 
county commissioners ; but a notice of such appeal must be 
served upon the county superintendent in writing within ten 
days after the rendition of his decision in adjusting the rights 
of the school district and the city school district. Such no- 
tice shall state fully the objections to the action of the county 
superintendent, a copy of which shall be filed with the county 
clerk, and also with the clerk of the district, or with the sec- 
retary of the board of education, as the case may be, affected 
by such decision. Such appeal shall be heard and decided 
by a majority of the board of county commissioners at their 
next regular meeting, and their decision shall be final. 
(Laws 1893, ch. 128, sec. 3.) 

Sec. 450. Voluntary Disorganization of Districts }'^^ [Laws 
1903, ch. 429, sec. 1.] "Whenever the inhabitants of any 

220. On disorganizing districts— 

a. Depopulated districts, see section 119 of this book. 
6. Partially depopulated, see section 123 of this book, 
c. For purpose of consolidation of districts, see section 136, this 
book. 
This plan does not provide for transportation and hence is not so good a 
plan as consolidation. If a district by this plan is attached to a consolida- 
ted district, it then has all the privileges of transportation that the consoli- 
dated district has. 



164 



SCHOOL DISTRICTS. 



[Ch. 28 



school district lying adjacent to a graded-school district de- 
sire to be attached to said graded-school district, the clerk of 
the district desiring to be so attached shall, upon a written 
application of five voters in the district, or by order of the 
district board, call a meeting of the voters of the district, to 
be held at the schoolhouse, by posting notices in like manner 
as provided for calling school-district meetings ; and if a ma- 
jority of the voters of the district shall vote to be attached to 
said graded-school district, the clerk of the district desiring 
to be so attached shall thereupon, in writing, notify the 
county superintendent of such action ; upon such notice the 
county superintendent shall declare such district disorganized, 
and shall proceed to attach such disorganized district to said 
graded-school district in like manner as provided by law for 
changing school-district boundaries : Provided, That an ap- 
peal to the board of county commiswsioners being sustained, 
the action of the county superintendent in declaring such dis- 
trict disorganized shall be null and void : Provided further, 
That the territory of the district so disorganized shall not be 
liable for any debt, floating or bonded, or any contract of 
the district to which it may be attached ; nor shall the, ter- 
ritory of the district to which such disorganized district is 
attached be liable for any debt, floating or bonded, or any 
contract of such disorganized district. 



ARTICLE II.— Union or Graded-school Districts. 221 



5 451. Graded schools, how established. 

452. Powers and duties of directors. 

453. Union district entitled to share of school 

funds. . 

454. May levy taxes. 

455. Shall receive its share of school moneys, 

456. Duties of clerk of union district. 

457. Duties of treasurer of union district. 



§ 458. Public schools in cities shall receive their 
share of public-school funds, on what 
condition. 
459. Any single district may establish graded 

schools. 
460a. Annual meeting of graded-school dis- 
tricts, when held. 
4596. Annual meeting, single district, when 
held. 

Section 451. How Formed. [6242.] Whenever the in- 
habitants of two or more school districts may wish to unite 
for the purpose of establishing a graded school in which in- 
struction shall be given in the higher branches of education, 
the clerks of the several districts shall, upon a written appli- 
cation of five voters of the respective districts, call a meeting 
of the voters of such districts at some convenient place, by 
posting up written notices thereof in like manner as pro- 

221. The individual districts may still conduct their usual district schools 
but be a part of the union district for instruction in the higher branches. 
The plan is virtually a central high school. A resolution adopted at an an- 
nual meeting or at a special meeting called for the purpose is necessary be- 
fore a graded school is subject to the provisions of this act. Other graded 
schools are not governed by the provisions of this act. 

Note.— A union or graded school is to be distinguished from a consoli- 
dated school provided for by section 136. 



Ch. 28] SCHOOL DISTRICTS. 165 

vided for calling district meetings ; and if a majority of the 
voters in each of the two or more districts shall vote to unite 
for the purpose herein stated, they shall, at that meeting or 
at an adjourned meeting, elect a board of directors, consist- 
ing of a director, clerk, and treasurer. (Laws 1876, ch. 122, 
art. 7, sec. 1.) 

Sec. 452. Duties of Board. [6243.] The board of direct- 
ors provided in the preceding section shall, in all matters 
relating to the graded schools, possess all the powers and dis- 
charge all the like duties of the district board of directors, as 
prescribed in this act. (Laws 1876, ch. 122, art. 7, sec. 2.) 

Sec. 453. School Funds. [6244.] The union district thus 
formed shall be entitled to an equitable share of the school 
funds, to be drawn from the treasurer of each district so 
uniting in proportion to the number of children attending 
the said graded school for each district. (Laws 1876, ch. 
122, art. 7, sec. 3.) 

Sec. 454. Levy Taxes. [6245.] The said union district may 
levy taxes for the purpose of purchasing a building or furnish- 
ing proper buildings for the accommodation of the school, or 
for the purpose of defraying necessary expenses and paying 
teachers, but shall be governed in all respects by the law 
herein provided for levying and collecting district taxes. 
(Laws 1876, ch. 122, art. 7, sec. 4.) 

Sec. 455. Apportionment. [6246.] The clerk of the union 
district shall report in writing to the treasurer of each school 
district uniting in the union district the number of scholars 
attending the graded school from his district, their sex, and 
the branches studied ; and the* said district treasurer shall 
apportion the amount of school money due the union district, 
and pay the same over to the treasurer of the union district 
on order of the clerk and director thereof. (Laws 1876, ch. 
122, art. 7, sec. 5.) 

Sec. 456. Clerk. [6247.] The clerk of the union district 
shall make a report to the county superintendent of public 
instruction, and discharge all the duties of clerk in like man- 
ner as clerk of the district, (Laws 1876, ch. 122, art. 7, sec. 6. ) 

Sec. 457. Treasurer. [6248.] The treasurer of the union 
district shall perform all the duties of treasurer as prescribed 
in this act, in like manner as the district treasurer. (Laws 
1876, ch. 122, art. 7, sec. 7.) 

Sec. 458. Apportionment to Cities. [6249.] The public 
schools of any city, town, or village, which may be regulated 
by special law set forth in the charter of said city, town, or 
village, shall be entitled to receive their proportion of the 



166 SCHOOL DISTRICTS. [Ch. 28 

public-school fund : Provided, The clerk of the board of edu- 
cation in such city, town or village shall make due report, 
within the time and manner prescribed in this act, to the 
county superintendent of public instruction. (Laws 1876, 
ch. 122, art. 7, sec. 8.) 

Sec. 459. Single District. (Laws 1907, ch. 331, sec. 
1.) Any single district shall possess power to establish 
graded schools, subject to the provisions of this article, in 
like manner as two or more districts united : Provided, how- 
ever, The regular district board of directors of .the district shall 
have the power and shall have the management of the schools 
of the district and grade them in accordance with the action 
of the annual district meeting, and employ teachers and do 
all things pertaining to the union graded schools, without an 
additional board of directors, where a single district composes 
the union graded-school district: And provided further, That 
the director, clerk and treasurer of the regular district board 
shall possess all the powers to manage the union graded- 
school district when a single district composes the union 
graded-school district as the director, clerk and treasurer have 
in union or graded-school districts composed of two or more 
districts. 

Sec. 460a. Annual Meeting. [6251. J The annual meeting 
of union or graded-school districts shall be held on the last 
Wednesday in June,^^^ at such hour as may be indicated by 
the board. (Laws 1876, ch. 122, art. 7, sec. 10.) 

Sec. 4606. Annual Meeting ; Single District. (Laws 1907. 
ch. 331, sees. 2 and*3.) The annual meeting of union graded- 
school districts, as provided ig section 1 (sec. 459 of this book) 
of this act, shall be held on the third Thursday of July^^^ in 
each year, at two o'clock p. m., in conjunction with the an- 
nual district meeting. 

222. If the union or graded-school district contains two or more school 
districts, the annual meeting is the last Wednesday in June. If the union 
district includes but one district, the annual meeting is the third Thursday 
in July. 



Ch. 29] SCHOOL-FUND COMMISSIONERS. 167 



CHAPTER XXIX. — School-fund Commissioners. 

§461. Board of School-fund Commissioners, §476. Compensation of board. 



how composed and organized. 

462. Meetings. 

463. Record of School-fund Commissioners. 

464. Register of bonds offered and bought. 

465. Investment of funds. 



477. Where person dies without heir and 

will, county superintendent may file 
petition in probate court. 

478. Probate court to order sale of estate de- 
scribed in petition. 



466. Quorum. 479. Proceeds of sale paid through county 



467. Record of the condition of funds. 

468. Where the records shall be kept. 

469. Orders to be drawn in payment for 

bonds purchased. 

470. The state treasurer shall be the custo- 

dian of funds and securities belong- 
ing to state permanent school. State 
Agricultural, State Normal School 
and State University funds. 

471. Separate accounts. 

472. The commissioners shall collect moneys 

due different funds. 

473. Must sell bonds to commission. 

474. May purchase below par or at lower in- 

terest. 

475. Office of loan commissioner of State 

Agricultural College abolished. 



treasurer into state permanent school 
fund. 

480. All bonds belonging to state permanent 

school fund shall be consolidated, how. 

481. Consolidated bonds shall be registered. 

482. Registration of bonds. 

483. Registration of bonds. 

484. State treasurer's statement to state 

auditor. 

485. Cancelation of bonds paid. 

486. Comparison of registers kept by auditor 

and treasurer. 

487. Penalty for delinquency of state treas- 

urer. 

488. Exchange of bonds. 

489. How funding bonds are to be stamped. 

490. Record of proceedings. 



Section 461. School-fund Commissioners. [7305.] The 
state superintendent of public instruction, secretary of state 
and attorney-general shall constitute a board of commission- 
ers for the management and investment of the state perma- 
nent school, State Normal School and State University funds. 
Such board shall be organized as follows : The secretary of 
state shall be the president of such board, and the state su- 
perintendent of public instruction shall be the secretary 
thereof. In the absence of either of said officers, the attor- 
ney-general shall act as president, or as secretary, as the case 
may require. Such commissioners, when acting as such, 
must act personally. No member thereof can be represented 
in such board by any assistant or clerk in the office of which 
such member is the chief officer, (Laws 1879, ch. 166, sec. 
113.) 

Sec. 462. Meetings. [7306. J Such board of commission- 
ers shall meet regularly in the office of the state superintend- 
ent of public instruction, on the last Saturday of each month, 
^at ten o'clock a. m. Special meetings of the board may be 
held at any time at the call of any member. (Laws 1879, 
ch. 166, sec. 114.) 

Sec. 463. Records. [Laws 1905, ch. 472, sec. 1.] Said 
commissioners shall keep in a suitable book a full and correct 
record of all their proceedings at every session of the board, 
which shall include all of the matters required to be recorded 
as hereinafter specified in this act, and which record, at the 



168 SCHOOL-FUND COMMISSIONERS. [Ch. 29 

close of each session, shall be signed by the president and 
secretary. 

Sec. 464. Record of Bonds Offered and Bought. [Laws 1905, 
ch. 472, sec. 2.] They shall also keep such other books as 
may be necessary to properly register and describe all bonds 
offered to them and all bonds bought by them for the benefit 
of the permanent school, State Agricultural, State Normal 
and State University funds, or either. Such record-books 
shall be ruled so as to enable the board to register the name 
and residence of the person offering to sell any such bonds, 
the price at which bonds were offered, the name and residence 
or location of the owner or municipal corporation for whom 
such offer is made, and a full detailed description of every 
bond so offered, including the date, number, series, amount 
and rate of interest of each bond, and when the interest and 
principal, respectively, are payable, and the date, amount 
and number of each coupon, and when payable, the name, 
residence and post-office address of the owner, the name, resi- 
dence and post-office address of the agent or attorney repre- 
senting the owner of such bonds, what disposition the owner 
of the bonds claims has been made of the missing coupons, 
if any ; and upon the presentation of any bond or bonds for 
the purchase by the School-fund Commission, such bond or 
bonds, together with the record of the proceedings connected 
with the issuance of such bond or bonds, shall first be sub- 
mitted to the attorney-general for his opinion as to the valid- 
ity thereof. It shall be the duty of the attorney-general to 
immediately examine such bond or bonds and proceedings, 
and report thereon in writing to the School-fund Commission 
as to their validity. Upon receipt of such opinion, and be- 
fore the board shall act upon the question of purchasing such 
bond or bonds, if the attorney-general approves them as valid, 
then the record hereinbefore provided for shall be made, and 
such record shall include the opinion of the attorney-general 
as to the validity thereof. 

Sec. 465. Investment of Funds. [Laws 1905, ch. 472, sec. 
3.] Said board of commissioners shall have the power, and 
it is hereby made their duty, from time to time, to invest any 
moneys belonging to the permanent school fund. State Agri- 
cultural College, State Normal and State University funds in 
the bonds of the United States, or bonds of the state of Kan- 
sas, or bonds of any municipality of the state of Kansas, 
school-district bonds, bonds of boards of education, and in 
the warrants issued by the auditor of state on the state treas- 
urer and by him stamped "Not paid for want of funds." In 
making such investment, they shall not pay for any such 



Ch. 29] SCHOOL-FUND COMMISSIONERS. 169 

bonds or warrants any greater sum than par, nor more than 
the actual market price thereof at the time of purchasing the 
same, less than par ; and whenever any municipality of the 
state of Kansas shall offer its bonds for sale the State School- 
fund Commissioners shall have the power to buy the same, 
if the validity thereof shall have been approved by the attor- 
ney-general : Provided, That the commissioners shall not 
invest in any other bonds which, together with other out- 
standing bonded indebtedness, shall exceed fifteen per cent. 
of the assessed valuation of said municipality as returned 
and fixed by such municipality. , 

Sec. 466. Quorum and Business. [7310.] Any two mem- 
bers of said board shall constitute a quorum. But such board 
shall not purchase any school-district bond or bonds except 
at a legal session thereof, nor unless every member of the 
board is notified in time to be present at such meeting, and 
notified also that the question of purchasing such bonds is to 
be considered thereat, designating the bonds. (Laws 1879, 
ch. 166, sec. 118.) 

Sec. 467. Record of Funds. [Laws 1906, ch. 472, sec. 4.] 
Said commissioners shall keep a record showing a detailed 
statement of the condition of the state permanent school 
fund, State Agricultural, State Normal and State University 
funds under their control, amount of each fund, how invested, 
when due, interest paid, and every other act in any manner 
connected with the management and investment of said 
funds ; and the state superintendent of public instruction 
shall biennially report all such investments to the governor, 
to be laid before the legislature, and shall also cause to be 
published at the end of each quarter of the calendar year, in 
the official state paper, a statement of the amount of each of 
such funds then on hand, the amount of each fund invested 
during this quarter, and a full description of the said bonds 
bought for each fund, date of such bonds, amount, rate of in- 
terest, when payable, number of coupons attached when 
bought, from whom purchased, and the price or rate paid 
therefor. 

Sec. 468. Office and Records. [Laws 1905, ch. 472, sec. 5.] 
All the record-books and records of such board shall be kept 
in the office of the state superintendent of public instruction, 
but the same shall be open during office hoars for the inspec- 
tion of every citizen of the state of Kansas. 

Sec. 469. Orders Draion. [Laws 1905, ch. 472, sec. 6. | 
In the investment of the state permanent school. State Agri- 
cultural, State Normal and State University funds, the com- 
missioners are hereby authorized to draw their orders on the 



170 SCHOOL-FUND COMMISSIONERS. [Ch. 29 

State treasurer, payable out of the fund invested, for the pur- 
chase-price of the bond, bonds, or warrants, which orders, 
previous to their delivery, shall be registered in the state 
treasurer's office in a book provided for that purpose. Such 
orders shall not be drawn until the bonds purchased for which 
the order is drawn shall have been delivered to the state au- 
ditor for record and stamped as herein provided. Immedi- 
ately upon the receipt of such bonds, the state auditor shall 
cause each bond and coupon to be plainly stamped upon the 
back thereof, "Property of the state fund, non-negoti- 
able and non-transferable," with the name of the fund for 
which such bond is purchased. He will also cause to be 
made in a book kept for that purpose a record of each of 
such bonds and each coupon thereto attached, which record 
shall show amount, date and rate of interest of such bond, 
when and where payable, the date, amount and number of 
each coupon and when payable. Whenever any bond or cou- 
pon shall have been paid, and one of the duplicate receipts 
therefor, issued by the state treasurer, shall have been re- 
ceived by the auditor of state, he shall credit such bond or 
coupon and charge the state treasurer with the amount so 
received. Semiannually on the 1st day of March and Sep- 
tember of each year, the state auditor shall compare said 
record with the similar record herewith required to be kept 
by the state treasurer and verify the same. 

Sao. 470. State Treasurer to be Custodian. [Laws 1905, ch. 
472, sec. 7. J All moneys belonging to the state permanent 
school, State Agricultural, State Normal and State Univer- 
sity funds shall be pgCid to and held by the state treasurer, 
and shall be subject to the order of the Board of School-fund 
Commissioners. The state treasurer shall also be the custo- 
dian of all bonds, notes, mortgages and evidences of debt 
arising out of the management and investment of the state 
permanent school, State Agricultural, State Normal and 
State University funds by said board of commissioners. Im- 
mgdiately upon the receipt by the state treasurer from the 
auditor of state of any bond, coupon or warrant stamped as 
herein required and purchased by the State School-fund 
[Commissioners] for any of the said funds, it shall be the 
duty of the state treasurer to immediately cause to be re- 
corded, in a book to be kept for that purpose, a detailed de- 
scription of such bond, coupon, or warrant, showing the date 
thereof, amount, when payable, rate of interest, number, 
by whom issued, where payable, and shall give to the auditor 
of state his receipt therefor. Whenever any such bond, 
coupon or warrant is paid, the state treasurer shall credit 



Ch. 29] SCHOOL-FUND COMMISSIONERS. 171 

upon such record the amount of such payment and charge 
himself with the money, and shall issue his receipt for said 
sum in duplicate, one copy of which shall be transmitted to 
the auditor of state. 

Sec 471. Separate Account. [6408.] He shall keep in a 
separate book an account of al'l school moneys received by him, 
distinguishing between the perpetual fund and the annual 
fund for disbursement, and shall report to the state superin- 
tendent on the 1st day of February and the 1st day of August 
of each year the amount of money in his hands belonging to 
the permanent school fund and subject to investments, and 
on the 1st day of March and on the 25th day of July of each 
year the state treasurer shall report to the superintendent of 
public instruction the amount of money in the treasury be- 
longing to the annual school fund and subject to disburse- 
ment on the semiannual dividends. (Laws 1876, ch. 122, 
art. 16, sec. 3.) 

Sec. 472. Collection of Moneys. [Laws 1905, ch. 472, sec. 
8.] It shall be the duty of said board of commissioners, from 
time to time, as soon as may be practicable, to collect all 
moneys due and owing to the state permanent school, State 
Agricultural, State Normal and State University funds, 
and make investments of the same as herein required. If 
any such moneys shall remain unpaid for thirty days after 
the same become due and payable, the commissioners shall 
notify the attorney-general of that fact, and it shall then be 
his duty to then proceed to collect the same by civil action, 
to be brought and prosecuted in the name of the state. 

Sec. 473. Must Sell Bonds to Board. [Laws 1905, ch. 472, 
sec. 9.] That the several municipal officers who have charge 
of the sale of any bonds hereafter to be issued, which the 
board of commissioners of the state permanent school fund 
are authorized to purchase under the law, are hereby directed 
to sell such bonds to said board of commissioners of the state 
permanent school fund, if it will pay par for the same ; and 
it shall be unlawful for any such municipal boards, members 
thereof or other municipal officers to sell any such bonds 
without having first offered such bonds to said board of 
commissioners of the state permanent school fund; and 
every municipal board or member thereof, or other municipal 
officer, who shall sell any such bonds to any other person at 
any price, without having first given the board of commis- 
sioners of the state permanent school fund an opportunity 
to purchase same, as hereinbefore provided, and every other 
officer violating the provisions of this act, shall be guilty of 
a misdemeanor, and upon conviction thereof shall be punished 



172 SCHOOL-FUND COMMISSIONERS. [Ch. 29 

by a fine not exceeding $500, or by imprisonment in the county 
jail not exceeding six months, and shall forfeit his office. 

Sec. 474. May Purchase Beloiu Par. [Laws 1905, ch. 472, 
sec. 10.] Said School-fund Commissioners may in their discre- 
tion agree with the parties offering bonds to take such bonds 
at par at a lower rate of interest than the interest stipulated 
in the bonds and coupons thereto attached. In case any such 
bonds so purchased by said board of commissioners provide 
for a higher rate of interest than the rate of interest at which 
they are purchased by said board, the rate at which they are 
purchased shall be distinctly noted upon such bonds and the 
coupons thereto attached, and the amount of such coupons 
shall be reduced accordingly, and the same notation shall be 
made on the record of such bonds kept in the office of such 
board. 

Sec. 475. Office of Loan Commissioner Abolished. [Laws 
1905, ch. 472, sec. 11.] The loan commissioner for the board 
of regents of the State Agricultural College shall, immediately 
upon the taking effect of this act, deliver to the state treasurer 
all moneys, evidences of indebtedness, securities, books and 
records belonging or appertaining to the State Agricultural 
College fund, and shall take the receipt of the treasurer there- 
for. All moneys belonging to said funds and so delivered to 
the state treasurer shall become subject to the provisions of 
this act. It shall be the duty of the said board of regents 
and the state accountant, immediately upon the taking effect 
of this act, to make final settlement with the loan commis- 
sioner, to close the accounts thereof with said loan commis- 
sioner, and the office of said loan commissioner is hereby 
abolished." 

Sec. 476. Compensation. [6380.] Said boa,rd of commis- 
sioners shall receive such pay for their services as may be 
prescribed by law. (Laws 1876, ch. 122, art. 15, sec. 6.) 

Sec. 477. Unclaimed Estate's. [6382.] In all cases where 
persons die without heirs, and intestate, it shall be lawful for 
the superintendent of public instruction of the county where 
any land lies, belonging to the estate of such person dying 
without heir and will, after a lapse of three years from the 
date of letters of administration upon such estate, to file a 
petition in the probate court of the county granting such let- 
ters, setting forth in said petition (1) that such deceased per- 
son died without heirs, and intestate ; (2) that three years 
have elapsed since the date of letters of administration ; 
(3) a description of the real estate ; (4) that no debts re- 
main unpaid of this estate not barred by the statute of limi- 
tation. Such petition shall be verified by the affidavit of the 



Ch. 29] SCHOOL-FUND COMMISSIONERS. 173 

county superintendent of public instruction, or by some per- 
son who has knowledge of the fact. (Laws 1876, ch. 122, 
art. 15, sec. 8.) 

Sec. 478. Sale of Real Estate. [6383.] It shall be the 
duty of the probate court, on the filing of the petition men- 
tioned in the preceding section, and being satisfied that the 
facts stated in said petition are true, to issue an order to the 
administrator to sell the real estate described in such peti- 
tion, in the same manner as real estate is sold by adminis- 
trators for the payment of debts due from deceased persons ; 
and the same proceedings shall be had in confirming the sale 
and the execution of the deed by the administrator as are 
provided by law for the sale of real estate for the payment 
of the debts of any deceased person. (Laws 1876, ch. 122, 
art. 15, sec. 9.) 

Sec. 479. Proceeds of Sale. [6384.] It shall be the duty 
of the administrator, after the payment of the costs of said 
petition and making said sale and six per cent, commission 
to such administrator, to pay the county treasurer of the 
county where the land is situated the remainder of the pur- 
chase-money for the benefit of the common schools of the 
state, and shall take duplicate receipts therefor ; and it shall 
be his duty to file one of such duplicates with the probate 
court of the proper county. If, at any time within twenty- 
one years after the date of payment of said money to the 
county treasurer, any person shall appear and claim said 
money as the rightful heir to said estate, and shall prove 
heirship satisfactorily to the probate court, the judge of said 
court shall so certify, and the state treasurer shall pay over 
to such claimant the sum so received from the county treas- 
urer from such estate. (Laws 1876, ch. 122, art. 15, sec. 
10.) 

Sec. 480. Consolidation of Bonds. [6385.] It is hereby 
made the duty of the School-fund Commissioners to consoli- 
date all state bonds now belonging to or hereafter coming 
into possession of the permanent school fund, in the follow- 
ing manner, to wit : All bonds falling due on the same date 
and bearing the same rate of interest shall be consolidated 
into one bond, of equal amount to the bonds so consolidated ; 
and coupons of interest shall be attached thereto^ of equal 
amount to the consolidated coupons, and payable in the same 
manner as the coupons of the bonds so consolidated ; such 
consolidated bonds shall be made out by the auditor of state, 
signed by the governor, and attested by the secretary of state, 
and shall be made payable to the permanent school fund of 
the state of Kansas, and shall have imprinted on their face 



174 SCHOOL-FUND COMMISSIONERS. [Ch. 29 

the words, "Not transferable." All bonds presented by the 
School-fund Commissioners shall, in their presence, be can- 
celed and destroyed by the auditor of state, after a consoli- 
dated bond shall have been issued for the same. ( Laws 1876, 
ch. 122, art. 15, sec. 11.) 

Sec. 481. Registry of Consolidated Bonds. [6386.] All con- 
solidated bonds shall be registered by the auditor as other 
state bonds now are registered. (Laws 1876, ch. 122, art. 
16, sec. 12.) 

Sec. 482. Registration. [6392.] Immediately after the 
passage of this act, it shall be the duty of the auditor of state 
to prepare a register of all bonds belonging to the permanent 
school fund. (Laws 1877, ch. 172, sec. 1.) 

Sec. 488. Bonds to be Registered. [6393.] That it shall 
hereafter be the duty of the comrnissioners of the permanent 
school fund to present to the auditor of state all bonds which 
may hereafter be purchased by them prior to the deposit of 
the same with the state treasurer, and it shall be the duty of 
the auditor to register all bonds so presented. (Laws 1877, 
ch. 172, sec. 2.) 

Sec. 484. Treasurer's Statement. [6395.] That it shall be 
the duty of the state treasurer, immediately after collecting 
any interest on such bonds or the principal of the same, to 
file with the auditor a detailed statement or statements of 
the amount or amounts so collected, stating the name of the 
county, the number of the district, the number of the cou- 
pons or bonds paid by such district, and the amount paid ; 
and the said treasurer shall cancel on the register in his of- 
fice all coupons and bonds so paid. (Laws 1877, ch. 172, 
sec. 4.) 

Sec. 485. Cancelation of Bonds and Cowpona.' [6396.] That 
immediately after the filing of such statement or statements 
by the treasurer, the auditor shall cancel such coupons or 
bonds as are designated in said statement or statements upon 
the register in his office, and charge the treasurer with the 
amounts. (Laws 1877, ch. 172, sec. 5.) 

Sec. 486. Bonds to be Compared. [6397.] That it shall be 
the duty of the auditor of state, on the first Monday in August 
of each year, to compare the register kept by him with the 
bonds in the treasurer's office, and shall at the time of com- 
paring such register require the treasurer to produce all cou- 
pons and bonds remaining unpaid, which shall be compared 
with the register. (Laws 1877, ch. 172, sec. 6.) 

Sec. 487. Penalty. [6398.] That any state treasurer who 
shall fail or refuse to comply with the provisions of section 



Ch. 29] SCHOOL-FUND COMMISSIONERS. 175 

3 and section 5 of this act^-^ shall be deemed guilty of having 
converted the same to his own use, and shall upon convic- 
tion be subject to all the penalties provided for in section 56 
of chapter 102, General Statutes of the state of Kansas. 
(Laws 1877, ch. 172, sec. 7.) 

Sec. 488. Exchange of Bonds. [Laws 1907, ch. 377, sec. 1.] 
The board of commissioners for the management of the state 
permanent school fund shall have the power to exchange any 
school-district or board-of-education bonds belonging to the 
permanent school funds now in the state treasury for other 
bonds of the same district or board of education bearing a 
lower rate of interest and running a longer time than the 
bonds exchanged, upon the application of the proper officers 
of such school district or board of education : Provided, That 
they shall not receive any funding bonds running a less time 
than five years : And provided further , That the rate of interest 
on bonds so accepted by said commission shall not be less than 
four per cent. 

Sec. 489. Funding Bonds to he Stamped. [6403.] All bonds 
accepted as funding bonds by the board of commissioners shall 
be stamped by the auditor and deposited with the state treas- 
urer, and the auditor shall charge the treasurer with the 
amount in the same manner as though said bonds had been 
purchased for cash. (Laws 1879, ch. 160, sec. 5.) 

Sec. 490. Record of Proceedings. [6401.] The said board 
of commissioners, after having examined and accepted any 
funding bonds as contemplated in section 1 of this act, shall 
make a certificate in duplicate, directed to the state treasurer, 
stating that they have examined and accepted the funding 

bonds of school district No. , of the county of , or 

board of education of the city of , for the sum of 

dollars, in lieu of bonds numbered , for like amount 

issued by said district or board of education, now in the state 

treasury, and belonging to the fund, and the treasurer 

of state is authorized to cancel and return the bonds so funded, 
together with the coupons attached thereto, and not matured, 
to the proper officer of the county, city, or school district, 
which said certificate shall be signed by a majority of the said 
commissioners, one of which shall be filed with the auditor 
of state and the other delivered to the state treasurer. (Laws 
1879, ch. 160, sec. 3.) 

223. Section 485 of this book. 



176 



STATE ANNUAL SCHOOL FUND. 



[Ch. 30 



CHAPTER XXX.— State Annual School Fund. 



§ 495. County treasurer shall apply to state 
treasurer for school moneys appor- 
tioned to county. 

496. County treasurer, upon proper appli- 

cation, shall pay over moneys to dis- 
trict treasurer. 

497. Each insurance company doing business 

in the state shall annually pay fifty 
dollars into the state annual school 
fund. 



§ 491. State annual school fund shall consist of 
what. 

492. State treasurer hold annual school fund 

subject to order of state superintend- 
ent. 

493. Treasurer shall report, on 15th of Feb- 

ruary and August of each year, the 
amount of annual school fund in the 
treasury. 

494. Treasurer shall pay county treasurer on 

order of state superintendent. 

Section 491. ^haU Consist of What. [6406.] For the pur- 
pose of affording the advantages of a free education to the 
children of the state, the state annual school fund shall con- 
sist of the annual income derived from the interest and rents 
of the perpetual school fund, as provided in the constitution 
of the state. (Laws 1876, ch. 122, art. 16, sec. 1.) 

Sec. 492. State Treasurer. [6407.] The state treasurer 
shall receive all the annual income of the state appropriated 
for the annual support of schools, whether derived from the 
interest of moneys loaned, rents of school-lands, or annual 
tax, and hold the same subject to the order of the state super- 
intendent of public instruction. (Laws 1876, ch. 122, art. 
16, sec. 2.) 

Sec. 493. Report.^^^ [6408.] . . . The state treasurer 
shall also, on the 15th day of February and August of each 
year, report to the state superintendent of public instruction 
the amount of money in^ the treasury belonging to the annual 
school fund and subject to disbursement on the semiannual 
dividends. (Laws 1876, ch. 122, art. 16, sec. ,3.) 

Sec. 494. Payment. [6409.] He shall pay over to the treas- 
urer of each county, on application, the amount of school 
money due to said county, on order of the state superintend- 
ent of public instruction. ( Laws 1876, ch. 122, art. 16, sec. 4, ) 

Sec. 495. County Treasurer. [6411.] The treasurer of each 
county shall apply for and receive of the state treasurer the 
school moneys apportioned to his county as soon as the same 
shall become payable. (Laws 1876, ch. 122, art. 16, sec. 6.) 

Sec. 496. Pay to the District Treasurer. [6412.] Each 
county treasurer receiving such moneys shall, upon proper 
application of the district treasurer of any district, pay over 
to the said district treasurer the amount apportioned to the 
district by the county superintendent. (Laws 1876, ch. 122, 
art. 16, sec. 7.) 



224. See section 471 of this book for full text of this article. 



Ch. 30] STATE ANNUAL SCHOOL FUND. 177 

Sec. 497. Insurance Companies. [6413.] . . . Every 
insurance company doing business in this state shall, in addi- 
tion to the fees required by this act (chapter 93, Laws 1871), 
pay into the state treasury, for the benefit of the annual school 
fund, the sum of fifty dollars each year. (Laws 1876, ch. 
122, art. 16, sec. 8.) 



178 



SCHOOL-LANDS. 



[Ch. 31 



CHAPTER XXXI.- School-lands. 



5 498. What school-lands may be sold. 

499. Petition for sale; appointment and duties 

of appraisers; minimum price. 

500. County clerk shall file and record ap- 

pointment and appraisement, and no- 
tify county treasurer. 

501. Sale of school-lands. 

502. Proof of settlement and improvements. 

503. Claimant may purchase one-quarter-sec- 

tion at appraised value, ■when. 
604. Contesting claims decided by the pro- 
bate court; appeal to the district court. 

505. Penalty for false swearing. 

506. Sale at public auction sixty days after 

appraisement. 

507. School district may purchase site. 

508. Terms of payment for other lands. 

509. County clerk shall issue certificate to 

purchaser; attorney-general shall pre- 
pare form for certificate. 

510. Credits on contracts; fractional subdi- 

visions. 

511. Interest on deferred payments, hoW ap- 

propriated. 

512. Purchaser credited on record of county 

clerk, how. 

513. Purchaser shall not commit waste; lands 

purchased under this act are taxable. 

514. Governor to issue patent to purchaser, 

when. 

515. Certain defects as to sale legalized. 

516. County clerk to send abstracts to state 

auditor, when. 

517. State auditor shall debit and credit each 

county treasurer, how. 

518. County treasurer shall pay over moneys 

to state treasurer, when; penalty for 
failure to pay over. 

519. Proceeds of sale, how invested. 

520. In case of failure to pay interest, etc.. 

when due, title to land forfeited; 
county attorney or attorney-general 
shall proceed to eject. 

521. Who shall be allowed to purchase. 



§522. Fees allowed to officials for services; 
sworn vouchers filed with county clerk 
and audited by state auditor. 

523. Chapter 218 of the Laws of 1909 not to 

apply in certain cases. 

524. State auditor shall include in his annual 

report a statement of sales of school- 
lands. 

525. County clerk shall furnish state auditor 

with requisite data for a report. 

526. Penalty for trespass on school-land; 

fine. 

527. Trespasser shall be brought before jus- 

tice, how. 

528. Procedure in justices' courts. 

529. Court having criminal jurisdiction shall 

give special charge to grand jury. 

530. Duty of whom to take notice and file 

complaint. 

531. County attorney shall prosecute. 

532. Fines collected for trespass to be paid 

into the county school fund. 

533. County clerk shall report sales of school- 

lands to state auditor, when; penalty 
for failure to report. 

534. Duty of auditor, if clerk fails to report. 

535. Purchaser shall pay, annually, the 

amount specified in his bond, and 
shall receive from county treasurer 
duplicate receipts. 

536. Duty of state auditor if county treasurer 

fails to pay over moneys arising from 
sale of school-lands. 

537. Forfeited rights. 

538. Unlawful to occupy school-lands. 

539. Duty of county clerk. 

540. County clerk to report to state auditor. 

541. County clerk's fees. 

542. Penalty. 

543. Forfeiture, certain entries evidence of. 

544. Legal notice, prima facie evidence of. 

545. Defaulted payments, sufficient notice of. 

546. Action to recover. 

547. Liberal construction. 



Section 498. May be Sold. [6338.] All lands granted by 
the Congress of the United States for school purposes, known 
as sections 16 and 36, together with all such lands as have 
been granted in lieu of said sections, may be sold ; and such 
sale shall be regulated by the provisions of this act : Provided, 
That no lands granted by act of Congress for school purposes, 
lying and being in any unorganized county of this state, shall 
be subject to sale until three years after such county shall 
have been organized. (Laws 1886, ch. 150, sec. 1.) 

Sec. 499. Appraisement. [Laws 1909, ch. 218, sec. 1.] 
Whenever fifteen householders of any organized township in 
which school-land is situated shall petition the superintendent 
of public instruction of such county to expose to sale any por- 
tion or portions of said land, describing the same, he shall, 
by and with the consent of the county commissioners of his 
county, appoint in writing three disinterested householders, 
residing in the county in which said land is situated but in a 



Ch. 31] SCHOOL-LANDS. 179 

different muniisipal township, who, being first duly sworn by 
an officer authorized to administer oaths^^^ to faithfully per- 
form their duties, shall appraise each legal subdivision of said 
land separately at its real value in money, and return their 
appraisement in writing, signed by them, to the clerk of the 
county : Provided, That any settler who has resided on school- 
land for a period of six months and has made improvements 
on such land to the value of one hundred dollars may have such 
land appraised as provided for in this section by making appli- 
cation to the county superintendent, and no petition of fifteen 
householders shall be required in such cases : Provided further, 
That no appraisement of school-land for less than one dollar 
and twenty-five cents per acre shall be of any validity or en- 
title any person to the provisions of this act. 

Sec. 600. County Clerk. [Laws 1909, ch. 218, sec. 2.] The 
county clerk shall immediately file the said appointment and 
aapprisement of said appraisers in his ofl&ce, and record the 
same in a book kept for that purpose, and shall immediately 
notify the county treasurer of such appraisement. 

Sec. 501. " Sale of School-lands. [Laws 1909, ch. 218, sec. 
3.] Any person who has settled upon any portion of school- 
land and has actually resided thereon continuously for a 
period of six months and has made it his only home for said 
period, and has improved said land to the amount of one 
hundred dollars, including a permanent dwelling, prior to 
the appraisement,"* may within sixty days after its appraise- 
ment^^^ file in the probate court of his county a verified peti- 
tion, stating therein that he has settled upon said land and 
has resided thereon continuously for a period of nob less than 
six months immediately prior to said appraisement, that he 
has permanently improved said land to the amount of one 
hundred dollars, that said improvements consist of a per- 
manent dwelling and such other improvements as show an 
intention to make a permanent home thereon, that said land 
has been appraised and the amount thereof, that he has not 
theretofore taken school-land to the amount of one quarter- 
section under the provisions of this act, that he has given ten 
days' public notice through a newspaper of general circula- 

225. Oath can be administered by county superintendent. See sec. 113. 

226. This land cannot be brought into market until six months from the 
date of settlement thereon. In order to avoid possible litigation over titles, 
persons desiring to settle on school-land or to purchase it at public auction 
should carefully inspect the record of prior sales and forfeitures before 
making entries or purchases. 

227. This sixty-day provision must be observed or the settler's right to 
purchase may be invalidated. 



180 SCHOOL-LANDS. [Ch. 31 

tion in the county where said land is situated, setting forth 
in such notice a description of the land, the names and resi- 
dences of two witnesses by whom he expects to prove said 
settlement and improvements, the time when (the time to be 
fixed by the probate judge) said petition will be heard by the 
probate court, and asking that he be allowed to purchase said 
land : Provided, That any person who has heretofore pur- 
chased or who shall hereafter purchase school-land to the 
amount of one quarter-section under the homestead provi- 
sions of the statute for the purchase of school-land shall not 
again be permitted to purchase school-land under the home- 
stead provisions of this act : Provided further , That the heirs 
of deceased persons who have made improvements upon 
school-land shall be entitled to all the rights accruing to ac- 
tual residents thereon : Provided further, That school-land 
that has a settler actually residing upon and improving said 
land, in accordance with the provisions of this act, shall not 
be brought into market until six months after the com- 
mencement of such settlement: Provided further , That any 
person who has resided on school-land for a period of one 
year,^^*and who has neglected or refused to purchase the same 
within said time, as herein provided, shall forfeit all rights, 
title and interest to the same.^^^ Any person locating upon 
school-land for homestead purposes, as herein provided, shall 
file with the county clerk of the county in which such school- 
land is situated, within ten days after such locating and 
settlement, an affidavit of such settlement, and the county 
clerk shall immediately file such affidavit and keep a record 
of all such settlements and issue to the person making the 
settlement a certificate cl)ntaining the date of settlement as 
shown by the affidavit and the name of the person making 
the settlement, and also the date of filing such affidavit. 

Sec. 502. Proof of Settlement and Improvements. [Laws 
1909, ch. 218, sec. 4.] The settler shall at the time stated in 
his notice appear before the probate judge and make proof, 
by the evidence of himself and two disinterested householders 
named in the notice, that he has actually resided on said 
school-land with his family, if he has any, for more than six 
months prior to the appraisement of said land, and is then 
residing thereon ; that he has permanent improvements on 
said land to the value of one hundred dollars, including a 
habitable dwelling and such other improvements as show an 

228. The settler who neglects or refuses to purchase said land after 
having resided thereon one year or more forfeits all rights to the land. 

229. Includes all improvements made thereon, whether by himself or prior 
resident. He also becomes a trespasser. 



Ch. 31] SCHOOL-LANDS. 181 

intention to make a permanent home thereof ; that said set- 
tlement was prior to that of any other claimant for said land ; 
that said land has been appraised and the amount thereof, 
with the date of such appraisement ; that he has not thereto- 
fore purchased school-land to the amount of one quarter-sec- 
tion under the homestead provisions of the school-land law ; 
that he has given notice of the time when he would make 
proof as required by this act, and that the applicant is a single 
person over twenty-one years of age or the head of a family : 
Provided, hoivevr, that the heirs of deceased persons who have 
made settlement and improvements upon school-land shall be 
entitled to all the rights accruing to actual residents thereon 
but they shall not be required to continue the actual resi- 
dence commenced by the deceased settler. 

Sec. 503. Certificate ; Right to Purchase. [Laws 1909, ch. 
218, sec. 5.] In all cases where the probate court, or the dis- 
trict court on appeal, shall find that the petitioner or contest- 
ing claimant has settled upon and improved school-lands as set 
forth in the petition, the court shall issue a certificate to that 
effect, and upon presentation thereof to the county treasurer 
within sixty days after the appraisement of said land such 
person may purchase the said land, not exceeding one quarter- 
section, for the appraised value thereof. 

Sec. 504. Contesting Claimants. [Laws 1909, ch. 218, sec. 
6.] The county attorney, or any person who claims prior 
settlement to the applicant on said school-land, or claims any 
interest therein adverse to the applicant, may appear before 
the probate court at the time of taking said proof and contro- 
vert the evidence of the applicant, and if the applicant fails to 
establish his prior settlement and improvements and the other 
requirements of this act he shall be required to pay the costs 
of the proceedings ; and if he or the contesting claimant feels 
aggrieved by the decision of the probate court he shall have 
the right to appeal to the district court by filing a bond within 
fifteen days after such decision, conditioned that he will prose- 
cute the appeal and pay all damages and costs that may be 
adjudged against him. The state may appeal from the de- 
cision of said court* by the county attorney filing a notice 
thereof within the time prescribed for the appeal by the peti- 
tioner, and when said notice shall have been filed the appeal 
shall be granted. On an appeal the probate court shall trans- 
mit to the clerk of the district court all the papers relating 
to the cause in his oflBce, and the district court shall have 
jurisdiction of the cause and shall proceed to hear, try and 
determine the same anew without regard to any error, defect 

* Probate court. 



182 SCHOOL-LANDS. [Ch. 31 

or other imperfection in the proceedings in the probate court. 
At the trial by the district court on said appeal the court shall 
hear and determine all controversies between contesting 
claimants and shall decide the rights of such contesting 
claimants. 

Sec. 505. Penalty for False Swearing . [6344.] Every per- 
son who shall wilfully and corruptly swear, testify or affirm 
falsely to any material matter, upon oath or affirmation, in 
any matter or proceeding relating to the proof of settlement 
or improvement upon school-land, before the probate court, 
under the provisions of this act, shall be deemed guilty of 
perjury, and shall upon conviction thereof be punished by 
confinement and hard labor for a term of not more than seven 
years. (Laws 1886, ch. 152, sec. 2.) 

Sec. 506. Sale of Appraised Land. [Laws 1909, ch. 218, 
sec. 7.] At the expiration of sixty days from the date of the 
appraisement of school-land upon which an actual settler re- 
sides, and immediately upon the return of the appraisement 
in all other cases, the county treasurer shall proceed to sell 
all the land described in said appraisement that has not been 
purchased by an actual settler, and he shall give public no- 
tice in the official county paper for four consecutive weeks 
previous to such sale that such land has been duly appraised, 
and that he will ofi'er the same at public sale on the day and 
hour named in said notice. Said notice shall contain a de- 
scription of the land with the appraised value thereof. At 
the time mentioned in said notice, the county treasurer shall 
offer all of said school-lands so appraised for sale at public 
auction, selling each legal subdivision separately and receiv- 
ing bids by the acre, but no bid shall be received for less than 
the appraised value : Provided, That if there be an appeal 
pending from the decision of the probate court, the portion 
of said land in controversy shall not be sold or advertised by 
the county treasurer until after the final decision on said ap- 
peal. . 

Sec. 507. Purchase of Schoolhouse Site. [Laws 1909, ch. 
218, sec. 8.] Any school district shall be entitled to purchase 
and acquire for schoolhouse site not exceeding two acres 
of any school-lands situated in such district, but such 
tract shall be situated on one of the boundary-lines of the 
section or cross-center lines thereof. The price to be paid for 
such land by the said school district shall be two dollars an 
acre, and upon presentation to the county clerk of a petition 
signed by a majority of the legal voters of the school district, 
and the payment of the purchase-price to the county treas- 
urer, the county clerk shall issue the said school district a 



Ch. 31] SCHOOL-LANDS. 183 

certificate of purchase. Upon the presentation of said cer- 
tificate of purchase to the auditor of state he shall cause to 
be issued a patent for said land, but said certificate of pur- 
chase and said patent shall recite that upon the failure of 
said school district to use said land for school purposes the 
title thereof shall be forfeited and revert to the state of Kansas. 
Sec. 508. Terms of Payment. [Laws 1903, ch. 477, sec. l.J 
Any person purchasing such school-land shall pay to the 
treasurer of the county in which the same is situated one- 
tenth of- the amount of the purchase-money, taking therefor 
a receipt, which he shall present to the county clerk, together 
with a bond in double the amount of the purchase-money un- 
paid, conditioned that he will not commit waste upon said land, 
and that he will pay the balance of said purchase-money ^^^ in 
twenty years, and interest to be paid annually thereon at the 
rate of six per cent, per annum, as the same becomes due : Pro- 
vided, That the purchaser may pay the balance of the purchase- 
money at any time, or in instalments of not less than twenty-five 
dollars : Provided, also, Any person having purchased such 
land and made partial payment of the purchase-money, and 
who is not in default in the payment of interest due upon such 
purchase-money or taxes upon the land, or who, being in de- 
fault of such purchase-money and interest past due, and taxes 
past due upon the land, will pay up in full all such delinquent 
interest and taxes, may, upon surrendering the certificate of 
purchase ^^* to the county clerk of the county in which the said 
land is situate, take out a new certificate^'^ of purchase under 
the provision aforesaid, and upon presenting a new bond in 
double the amount of purchase-money remaining unpaid, 
said bond conditioned the same as the bond aforementioned 
in this section : And provided further, That the owner and 
holder of any certificate or certificates for the purchase of 
school-lands upon which interest has been paid for more than 
fifteen years may surrender the same to the county clerk of 
the county in which the said land is situate, and upon such 
surrender the county clerk shall issue a new certificate^'* or 
certificates, due in twenty years, with the option of prepay- 
ment, upon which interest is to be paid at the rate of four 
per cent, per annum, and subject to all other provisions of 
the act relating to school-lands. 

231. A purchaser of school-land may pay all in cash or the entire balance" 
at any time within the twenty years. 

232. See section 509 of this book. 

233. This certificate has all the conditions of the original certificate, and 
runs twenty years, at buyer's option, from its own date. 

234. Runs twenty years from its own date, with interest at four per cent. 



184 SCHOOL-LANDS. [Ch. 31 

Sec. 509. Certificate of Purchase. [6348.] The county 
clerk shall thereupon enter the amount of the purchase- 
money of the land, the amount paid upon the same, in a 
book kept for that purpose, and shall charge the same to 
the county treasurer in the records of the county, and 
shall issue to the purchaser a certificate, under the seal of 
his office, showing the amount paid, the amount due, and 
the time when due, with interest, and that upon the pay- 
ment of said amount when due, with interest, he will be en- 
titled to a patent to said land. It shall be the duty of the 
attorney-general to prepare a proper form for said certificates 
for the sale of said land, so as to protect the rights of the 
state and of the purchaser, his heirs and assigns. (Laws 
1876, ch. 122, art. 14, sec. 8.) 

Sec. 510, Credits on Contracts of Sale of Fractional Subdi- 
visions. [6379.] That in all cases where state school-lands 
have by mistake been sold as and for full legal subdivisions 
of 160 acres or less, when in fact the lands so sold were frac- 
tional subdivisions of and less than the full legal subdivi- 
sions for which it was sold, and the purchase-money or a part 
thereof is unpaid, ^^^ the county treasurer of the county in 
which such lands are situated, in making final settlement 
with the purchaser of such lands, or with his or her assignee 
or legal or personal representative, is hereby authorized to 
credit such purchaser or his or her assignee or legal or per- 
sonal representative, upon such contract of purchase, with 
an amount equal to the pro rata value of the difference in 
acres between the number of acres actually contained in the 
fractional subdivision sold and the number of acres it was 
supposed to contain, and for which it was sold ; and such 
county treasurer shall state the amount of such credit in his 
report to the auditor and state treasurer ; and the auditor of 
state is hereby directed to credit the same to the county treas- 
urer of said county. (Laws 1886, ch. 183, sec. 1.) 

Sec. 511. Interest, How Applied. [6349.] The interest on 
the deferred payments of the land sold under this act shall 
be annually appropriated to the support of schools, as other 
school moneys, and under the direction of the state superin- 
tendent^^® of public instruction, as provided by law. ( Laws 
1876, ch. 122, art. 14, sec. 9.) 

Sec. 512. Credits. [6350.] The purchaser, when he pays 
to the county treasurer the interest, as it becomes due, or 

235. No rebate is provided for in case full payment has been made and 
the patent issued to the buyer. 

236. A part of the income of the permanent school fund. 



Ch. 31] SCHOOL-LANDS. 185 

any portion of the principal, shall take a receipt for the 
same, which he shall present to the county clerk, who shall 
credit him with the same, and charge the amount to the 
treasurer. (Laws 1876, ch. 122, art. 14, sec. 10.) 

Sec. 513. Waste; Taxation. [6354.] No purchaser of 
school-land, prior to his obtaining title to the same, shall 
commit any waste upon such land, or take or remove mineral 
or timber from the same, other than for use upon or improve- - 
ments of said land. The lands purchased under this act shall 
be subject to taxation as other lands ; and in case of non- 
payment of any taxes charged thereon the said lands may 
be sold as in other cases, but the purchaser at such sale 
shall be subject to all the conditions of the bond of the origi- 
nal maker, and of the certificate of purchase : Provided, That 
such purchaser of said school-land shall be allowed one year 
from the date of the certificate of sale of such land for such 
taxes in which to redeem from such tax sale, by complying 
with the provisions of law relating to the redemption of land 
from tax sale, and paying to the county treasurer, for the 
benefit of the holder of such tax certificate, all instalments of 
interest or other payments which such holder of tax certifi- 
cate has been compelled to pay in order to prevent a forfeit- 
ure of the rights of purchaser of school-land, under the 
• provisions of section 16 of this act.^^'' (Laws 1879, ch. 161, 
sec. 1.) 

Sec. 514. Patent. [6355.] On presentation of a certificate 
of the county clerk, showing that any person has paid the 
full amount of the purchase-money, and all interest due, for 
any portion of said school-lands, with a certificate thereon, 
indorsed by the auditor of state, showing that he has charged 
the county treasurer of the county where the land is situated 
with the full amount of the purchase-money mentioned in 
said certificate, the governor of the state shall issue a patent 
to the purchaser, his heirs or assigns, for the same, which 
said patent shall convey to the patentee a full title in fee 
simple to said lands. (Laws 1876, ch. 122, art. 14, sec. 15.) 

Sec. 515. Legalizing Defective Sales. [Laws 1909, ch. 220, 
sec. 1.] That in all cases where school-lands have been sold 
and certificates issued therefor prior to the taking effect of 
this act, and upon application for patent being made, it shall 
appear that the improvements have been appraised and such 
land was sold without including the improvements, or if it 
shall appear that there was a defect in the advertisement for 
the sale of such lands by reason of not being published as long 

237. See section 520 of this book. 



186 SCHOOL-LANDS. [Ch. 31 

as the statute requires or other errors that were not material, 
or if said lands were under lease at the time of the advertise- 
ment or sale, or if they were sold subject to a lease when such 
lease had expired, the state auditor shall in all such cases make 
careful investigation, and if he finds that such defect did not 
operate to the detriment of the state or to the exclusion of 
6oria _/ide purchasers, and that the purchasers in such cases 
were bona fide and innocent of fraud or collusion, the state 
auditor shall in such cases cause patents to issue for such 
lands, and all such sales upon which the auditor of state issues 
patent under the provisions of this act are hereby declared to 
be legal and valid. • 

Sec. 516. County Clerks t) Send Abstracts to State Auditor. 
[Laws 1909, ch. 218, sec. 9.] The county clerk shall semi- 
annually, on the first days of January and July of each year, 
prepare and transmit to the state auditor an abstract of the 
lands for which he has issued certificates during the preced- 
ing six months, which abstract shall give the legal descrip- 
tion of each tract, the amount of the purchase-money and the 
amount paid on each tract, the nameof the party making the 
purchase and the date of the issuance of the certificate ; also 
an abstract of payments of principal and interest on sales 
made prior to the preceding six months, which abstract shall 
give the legal description of each tract, the party to whom 
sold, the date of the sale and the date of the payment and 
the amount paid, principal and interest given separately ; 
also, an abstract of the orders paid by the county treasurer 
during the preceding six months, which abstract shall give 
the date, number and amount of each order paid, the name 
of the party to whom the order was issued and the date when 
each order was paid. Before transmitting such abstracts to 
the state auditor the county clerk shall submit the same to 
the county treasurer, who shall attest each abstract and shall 
certify thereon fchat the amounts set out therein were collected 
or paid by him, as the case may be. If no money has been 
collected by the county treasurer during any preceding six 
months' period, the county clerk shall certify upon such ab- 
stracts that no moneys have been collected and transmit such 
abstracts in the same manner as if payments had been made. 
Any county clerk in any county in which there are school- 
lands unpatented who shall fail or neglect to make the ab- 
stracts provided for in this section shall be deemed guilty of 
a misdemeanor, and upon conviction thereof shall be fined in 
a sum not exceeding f 100, and the county attorney or the at- 
torney-general is hereby authorized to prosecute any such 
case in the name of the state. 



Ch. 31] SCHOOL-LANDS. 187 

Sec. 517. State Auditor. [Laws 1909, ch. 218, sec. 10.] 
UpoQ the receipt of the abstracts of the county clerk by the 
state auditor, the auditor shall charge each of the treasurers 
in the state with the amount of moneys received, principal 
and interest separately, as shown in said abstracts, and upon 
the payment of the same to the treasurer of state and the 
presentation of the treasurer's receipts shall credit the several 
treasurers with the amount of the same. The auditor shall 
also credit the several treasurers with the county clerks' orders 
paid as shown by such abstracts. 

Sec. 518. County Treasurer to Pay Moneys to State Treasurer. 
[Laws 1909, ch. 218, sec. 11.] Each county treasurer shall, 
between the 1st and 10th days of January and July of each 
year, pay to the state treasurer the amount of principal and 
interest collected by him during the preceding six months 
from the sale of school-lands, which amount shall be the total 
sum of principal and interest collected by him, as shown by 
the county clerk's abstracts to the state auditor, after deduct- 
ing the amount paid on county clerk's orders. Any county 
treasurer who shall wilfully fail or neglect to pay to the state 
treasurer all moneys required to be paid by the provisions of 
this section shall be deemed guilty of embezzlement, and upon 
conviction thereof shall be punished by imprisonment in the 
Penitentiary for a term not exceeding two years or by a fine 
not to exceed $500. The county attorney or the attorney- 
general is hereby authorized to prosecute such case in the 
name of the state. 

Sec. 519. Investment of Proceeds . [6359.] The proceeds of 
the sale of school-lands shall be invested by the board of com- 
missioners for the management and investment of school 
funds in the bonds or other interest-paying securities of this 
state or of the United States, at the current market price 
thereof at the time of making such investment. (Laws 1876, 
ch. 122, art. 14, sec. 19.) 

Sec. 520. Failure to Make Payments; Forfeiture. [Laws 
1909, ch. 218, sec. 12.] Any purchaser of school-lands who 
shall fail within ten months after the taking effect of this act 
to make any payment of interest or principal due and unpaid 
at the time this act takes effect shall forfeit all right, title and 
interest in and to such land by virtue of such purchase, and 
the same shall at the expiration of such ten months' period 
be open to settlement and purchase. Any purchaser of school- 
land who shall hereafter fail to pay the annual interest within 
ten months after the same becomes due, or the balance of the 
purchase-money within ten months after it becomes due, shall 
at the expiration of such ten months' period forfeit all right, 



188 SCHOOL-LANDS. [Ch. 31 

title and interest^^* in and to such land by virtue of such pur- 
chase, and such land shall immediately be open to settlement 
and purchase. Such defaulting purchaser shall at the ex- 
piration of such ten months' period be considered a trespasser 
on such land, if a resident thereon, and ejectment proceedings 
may be brought against such defaulting purchaser by the 
county attorney or the attorney-general on behalf of the state 
or by any bona fide settler or purchaser of such land. 

Sec. 521. Unlawful for County Superintendents to Purchase. 
[6358.] It shall be unlawful for the county superintendent 
appointing the appraisers, or the persons appraising the 
lands, to purchase, either directly or indirectly, any portion 
of the lands appraised by them. (Laws 1876, ch. 122, art. 
14, sec. 18.) 

Sec. 522. Fees. [Laws 1909, ch. 218, sec. 13.] Each ap- 
praiser of school-lands shall receive two dollars per day for 
the time actually employed in viewing such land and in 
going to and returning from such land. The printer, for 
publication of notice of sale of school-land, shall be allowed 
legal rates. The sheriff shall receive for his services the fees 
allowed by law for similar services. The probate judge shall 
be allowed for his services as follows : Verification of peti- 
tion, twenty-five cents; filing petition, five cents; entering 
application on docket, with order fixing time for hearing, 
twenty-five cents ; indexing case, five' cents ; recording peti- 
tion, forty cents ; certificate and seal to affidavit of publica- 
tion, twenty-five cents ; swearing three witnesses, fifteen 
cents ; taking testimony in writing of the claimant and three 
witnesses, with seal and certificate to each, seventy-five cents ; 
recording testimony of claimant and witnesses, one dollar 
and ten cents ; certificate of right to purchase, twenty-five 
cents ; recording four folios in sales-book, forty cents ; jour- 
nal entry, ten cents per folio for not to exceed four folios, 
forty cents ; making three index entries, fifteen cents. All 
other fees provided for by law for services in connection with 
the sale of school-lands shall be paid by the party requiring 
the service : Provided, That the county clerk and county 
treasurer shall not be allowed to charge a fee for any service 
performed in connection with the sale of school-lands. Any 
person performing any service for which a fee is allowed 
under the provisions of this section shall file a sworn item- 
ized voucher with the county clerk of the county in which 
such service is performed. Upon the filing of any such 
voucher the county clerk shall transmit the same to the state 

238. Includes forfeiture of all rights and interest in improvements on 
said land. 



Ch. 31] SCHOOL-LANDS. 189 

auditor, who shall audit such voucher. The state auditor 
shall indorse on such voucher the amount allowed by him 
and return such voucher to the county clerk. Upon the re- 
turn of such voucher the county clerk shall draw his order 
on the county treasurer, payable out of the principal from 
the sale of school-lands, for the amount allowed by the state 
auditor and in favor of the party making the voucher. 

Sec. 523. Chapter ^218, Laivs of 1909, Not to Apply in Cer- 
tain Cases. [Laws 1909, ch. 219, sec. 1.] The provisions of 
the law enacted by the legislature of 1909 concerning the sale 
of school-land, known as substitute for senate bill No. 3 [chap- 
ter 218] , shall not be construed as affecting any rights ac- 
quired by an actual settler prior to the passage of that law, 
nor prevent such actual settler from buying said school-land 
at the appraised value, nor to prevent a minor who is an ac- 
tual settler prior to the passage of that act from proving set- 
tlement before the probate court and buying said land at the 
appraised value. 

Sec. 524. State Auditor's Report. [6364.] That it shall be 
the duty of the auditor of state to incorporate in his annual 
report to the governor each year, by counties, and in the ag- 
gregate — (1) The number of acres of land sold under the ter- 
ritorial government, and the amount paid into the school fund 
of the state for the same. (2) The whole number of acres of 
school-lands sold in each county since the admission of the 
state up to the 1st day of July preceding such report ; the to- 
tal amount of sales ; average price per acre ; the amount paid 
as principal ; amount of county superintendent's orders 
allowed for expenses incurred in the sale of lands ; and the 
amount of unpaid instalments bearing ten per cent, interest. 
(3) The number of acres of school-lands sold in each county 
during the year ending the 1st day of July preceding the an- 
nual report ; the amount paid [as] principal ; the amount of 
superintendent's orders allowed ; the amount of instalments 
unpaid on the sales for the year, and bearing interest. (4) A 
statement of the amount of school-lands forfeited in each 
county during the year ending the 1st of July preceding the 
annual report, showing the number of acres in each tract for- 
feited, the person by whom forfeited, and for what amount^ 
distinguishing between the unpaid principal and the unpaid 
interest which fell due during the year. (Laws 1876, ch. 
122, art. 14, sec. 24.) 

Sec. 525. County Clerk's Report. [6365.] That it shall be 
the duty of the county clerk of each county to furnish the 
state auditor the report named in the foregoing section of this 



190 SCHOOL-LANDS. [Ch. 31 

act, on or before the 1st day of October in each year. (Laws 
1876, ch. 122, art. 14, sec. 25.) 

Sec. 526. Trespass on School-lands. [6366.] If any person 
shall cut down, injure, destroy or carry away any tree or trees 
growing upon any school-lands that are or may hereafter be 
set apart for the use of the schools, or any other state institu- 
tions, or cut, destroy or carry away any wood, standing or 
being upon or growing on any school, college or university 
land, or shall dig up, quarry or carry away any stones, ore 
or mineral, lying or being upon such lands, the person com- 
mitting such trespass shall be deemed guilty of a misdemeanor, 
and may be indicted and fined in a sum not less than double 
the amount of damages proved to have been committed, and 
not exceeding $1000, and confined in the county jail not less 
than one month and not more than six months. (Laws 1876, 
ch. 122, art. 14, sec. 26.) 

Sec. 527, Complaint of Trespass. [6367.] Whenever com- 
plaints shall be made, in writing and upon oath,^^^ to any 
justice of the peace, that any person has violated the pro- 
visions of the preceding section of this act, it shall be the 
duty of such justice to issue his warrant, under his hand, re- 
citing the substance of the complaint, and commanding the 
officer to whom it is directed forthwith to apprehend the per- 
son so complained of, and bring him before such justice. 
(Laws 1876, ch. 122, art. 14, sec. 27.) 

Sec. 528, Procedure in Justice's Court. [6368.] Upon such 
person being brought before such justice, it shall be the duty 
of the justice to examine the complaint and the witnesses 
which either party may produce ; and if it shall appear to the 
satisfaction of the justice that the person complained of is 
probably guilty, he shall require such person to enter into 
recognizance in such sum, not exceeding $2000, with two or 
more sufficient securities, as such justice may direct, to ap- 
pear at the next term of the district court ; and in default of 
such recognizance, the justice shall commit such person to 
jail to await the action of said district court, (Laws 1876, 
ch. 122, art, 14, sec. 28,) 

Sec, 529. Grand Jury. [6369,] It shall be the duty of each 
court having criminal jurisdiction to give this act in charge 
especially to the grand jury at each term, (Laws 1876, ch. 
122, art, 14, sec. 29.) 

Sec, 530, Complaints.^'' [6370,] It shall be the duty of 
the county superintendent of public instruction, the district 

239, Any citizen has a right to file this complaint, 

240. A duty, not an option, of the officers named herein. 



Ch. 31] SCHOOL-LANDS. 191 

directors, clerks and treasurers, and all sheriffs and constables, 
to take notice of all trespasses committed on school-lands in 
their respective counties, and immediately file a complaint 
against any person violating this act, before the proper au- 
thorities. (Laws 1876, ch. 122, art. 14, sec. 30.) 

Sec. 531. County Attorney. [6371.] It shall be the duty 
of the county attorneys in their respective counties to prose- 
cute all persons charged with the violation of this act. (Laws 
1876, ch. 122, art. 14, sec. 31.) 

Sec. 532. Fines. [6372.] All damages, fines, and for- 
feitures collected under the provisions of this act shall be paid 
into the county treasury, for the use and benefit of the com- 
mon-school fund. (Laws 1876, ch. 122, art. 14, sec. 32.) 

Sec. 533. Report of Sales; Penalty. [6374.] That it shall 
be the duty of the county clerk of each county to furnish the 
state auditor the report named in the first section of the act 
to which this is amendatory on or before the 1st day of Octo- 
ber in each year ; and that upon failure to make said report 
he shall be deemed guilty of neglect of duty and misconduct 
in office, and shall be punished by fine not exceeding $200, 
or by imprisonment in the county jail not exceeding sixty 
days, or by both such fine and imprisonment. (Laws 1876, 
ch. 126, sec. 1.) 

Sec. 534. Duty of Auditor. [6375.] That it shall be the 
duty of the auditor of state, on the 30th day of October, or as 
soon thereafter as possible, annually, to report the failure 
and neglect of the several county clerks to make the required 
report to the attorney-general of the state, who shall at once 
institute the necessary proceedings to punish said neglect of 
duty. (Laws 1876, ch. 126, sec. 2.) 

Sec. 535. Payments; How Made. [6376.] The purchaser 
shall pay to the treasurer annually the amount of each yearly 
instalment, with interest, as specified in his bond, and the 
treasurer shall give duplicate receipts to the purchaser there- 
for, stating therein the amount paid, and on what account; 
one of which shall forthwith be delivered by the purchaser to 
the county clerk, who shall credit him with the same, and 
charge the amount to the treasurer. (Laws 1876, ch. 127, 
sec. 1.) 

Sec. 536. Prosecution of County Treasurers. [6377.] That 
upon the failure of the several county treasurers to pay into 
the state treasury the full amount received in their respective 
counties from the sale of school-lands, or the interest paid 
thereon at each semiannual settlement, it shall be the duty 
of the auditor of state immediately to require the prosecuting 



192 SCHOOL-LANDS. [Ch. 31 

attorney of the proper county to prosecute the delinquent 
under the provisions of section 13 of the act to which this 
[is] amendatory. (Laws 1876, ch. 127, sec. 2.) 

Sec. 537. Forfeited Rights. [6373.] That in all cases of 
the sale of school-lands heretofore made, where the purchas- 
ers thereof have made partial payment or payments thereon', 
and have by law forfeited their rights to such lands and the 
money already paid thereon, and when the said purchaser or 
purchasers have not been ejected, said persons, having made 
such partial payment or payments, their heirs and assigns, 
may within twelve months from the passage of this act re- 
new their rights to retain the lands so forfeited by paying the 
amount due on said lands in the manner provided by exist- 
ing law : Provided, That when such lands shall have been dis- 
posed of to other persons under the law, no interest thereby 
obtained shall be affected by this act: And provided further , 
That all expenses that may be incurred under this act shall 
be borne by those seeking to avail themselves of the benefits 
of this act. (Laws 1876, ch. 112, sec. 1.) 

Sec. 538. Unlawful to Occupy School-lands. [6342.] That 
it shall be unlawful for any person, company or corporation 
to include any school-land in any enclosure or occupy the 
same for grazing or for other purposes without first having 
regularly leased or located upon the same for the purpose of 
a homestead under the provisions of this act.^*^ Any person, 
company or corporation so enclosing or occupying said school- 
lands without having entered the same for the purpose of a 
homestead, or leased the same under the provisions of this 
act, shall be deemed guilty of a misdemeanor, and upon con- 
viction shall be subject to a fine of not less than $10 and not 
exceeding $100, and shall also be liable for the amount of 
the minimum yearly rental value of the land so enclosed or 
occupied and the costs of collecting the same ; and to secure 
the payment of the minimum rental value of such land, a 
first lien is hereby declared and created upon and against 
any stock permitted to graze on any school-lands in violation 
of the provisions of this act, and shall be enforced by the 
sheriff of the county as hereinafter provided. (Laws 1899, 
ch. 241, sec. 2.) 

Sec. 539. Duty of County Clerk. [6343.] It shall be the 
duty of the county clerks of the several counties of this staie 
to furnish the sheriffs of their respective counties with a com- 

241. School-lands can be legally occupied by— 

a. Lease. 

b. Settlement for purpose of homestead. 

c. Purchase. 



Ch. 31] SCHOOL-LANDS. 193 

plete list of all school-land not located for settlement or leased 
as provided in this act lying aad situated within said county, 
on or before the 1st day of May of each year, and on receipt 
of such list it shall be the duty of the sheriff to make a per- 
sonal investigation for the purpose of ascertaining whether 
any of the school-lands mentioned in said list have been or 
are occupied in violation ^*^ of any of the provisions of this 
act ; such list to be a continuing notice to such sheriff for said 
year, and the sheriff is further authorized and directed, when- 
ever he is satisfied that any school-land has been or is en- 
closed or occupied in violation of this act, to proceed at once 
to collect from the owner or keeper of the animals grazing 
such school-lands the minimum rental value of such lands, 
and for such purpose he is hereby authorized and directed to 
collect such sum or sums of money by distress and sale of 
such stock, together with all costs of such collection. The 
sheriff shall receive the same fees on all claims collected as 
are now provided by law upon executions. All sales of stock 
taken under distress shall be at public auction, after due no- 
tice, as provided in case of sale of personal property under 
execution. (Laws 1899, ch. 241, sec. 3.) 

Sec. 540. County Clerk to Report to State Auditor. [Laws 
1903, ch. 478, sec. 1,] Upon the adjournment of each regu- 
lar session of the board of county commissioners, the county 
clerk in each county shall transmit to the auditor of state a 
report of all school-land leases made at each regular meeting 
of the board, the amount of rent provided for in such leases, 
the time of the expiration of the same, and the amount of 
rent paid by the lessees at the time of execution of such 
leases ; and the county clerk shall on the second Monday in 
January of each year also transmit to the auditor of state an 
abstract of all prior leases then in force and the amount of 
the yearly rentals paid thereon for the ensuing year. 

Sec. 541. County Clerk's Fees. [Laws 1903, ch. 478, sec. 
2.] For drawing and filing each contract for the lease of 
school-lands the cOunty clerk shall be allowed twenty-five 
cents, to be paid by the lessee, and for making the reports 
herein provided for he shall receive the same fees as are pro- 
vided by law for other reports to the auditor of state relative 
to school-lands. 

Sec. 542. Penalty. [Laws 1903, ch. 478, sec. 3.] Any 
county clerk who shall neglect or refuse to comply with any 

242. Citizens knowing of school-lands unlawfully occupied, and desiring 
to file complaint or information, should do so with the county attorney. 

-7 



194 SCHOOL-LANDS. [Ch. 31 

of the requirements of this act shall be subject to a fine of 
not less than $50 nor more than |100 for each offense. 

Sec. 543. Forfeiture; Certain Entries Evidence of. [Laws 
1907, ch, 373, sec. 1.] Where entries which appear upon the 
records of school-land sales, or of school-land-sale certificates, 
in the oflBce of the county clerk of any county in this state, 
and purporting or shown to have been made in the usual 
course of the business of that office, indicate that the interest 
of the purchaser in the tract of land in connection with which 
such entries were made had been forfeited for default in the 
payment of money due the state on such purchase, and such 
land was thereafter sold to a new purchaser, such entries shall 
be prima facie evidence, in any action or proceeding in any 
court in this state, that proper notice of the purchaser's de- 
fault had been issued and legal service thereof made, and that 
all things necessary to be done as conditions precedent to the 
forfeiture of the right and interest of the purchaser, and all 
persons claiming under him, in and to such land, had been 
duly and properly done and performed, and that such for- 
feiture had been duly declared. Any entry upon said records 
of the county clerk as "canceled," "forfeited," "reverted to 
state," "state," and the like, with or without date, shall be 
held to be an entry indicating that the interest of the pur- 
chaser had been forfeited. 

Sec. 544. Legal Notice; Prima Facie Evidence of. [Laws 
1907, ch. 373, sec. 2.] The return of the sheriff on any no- 
tice issued by the county clerk to the purchaser of school- 
ld,nds of his default shall not be held to show an insufficient 
or invalid service because of the omission of any recitals re- 
quired by law to show legal service ; but if, notwithstanding 
such omissions, such return shows that service of such notice 
was made by posting a copy thereof in the office of the county 
clerk, such return shall be prima facie evidence, in any action 
or proceeding in any court in this state, that the persons upon 
whom such notice was to be served could not be found in the 
county, that no person was in possession of the land described 
in the notice, and that a copy of such notice was posted in a 
conspicuous place in the office of the county clerk. Any state- 
ment in such return, other than that the notice was posted in 
the office of the county clerk, shall not destroy the prima facie 
effect as evidence of so much of the return as shows a posting 
of the notice in the office of the county clerk, unless such ad- 
ditional matter affirmatively shows that legal service was not 
made ; and in that case, or in any case where the sheriff's re- 
turn fails to show legal service, parol and other evidence may 



Ch. 31] SCHOOL-LANDS. 195 

be introduced to prove that in fact legal service of the notice 
was made. 

Sec. 545. Defaulted Payments; Sufficient Notice of .^^^ [Laws 
1907, ch, 373, sec. 3.] Where any purchaser of school-land 
defaulted in payments due the state and abandoned the land 
purchased, and thereafter a notice, issued by the county 
clerk to such purchaser, of his default, was served by post- 
ing a copy thereof in the oflBce of the county clerk of the 
county in which such land was situated, and the right and 
interest of the purchaser in and to such land was declared 
forfeited, and the land was subsequently sold to a new pur- 
chaser, by whom or by whose assigns it was taken possession 
of and improved, such notice shall be held to be a suflQcient 
notice to the first purchaser of his default upon which to base 
such forfeiture, and no other notice need be shown. 

Sec. 546. Action to Recover. [Laws 1907, ch. 373, sec. 4.] 
No action shall be brought by any purchaser of school-land, or 
by the assignee of such purchaser, in any court of this state, 
to recover any tract of school-land, or to enforce the pur- 
chaser's right to or interest in the same, when a forfeiture 
thereof has been declared, unless such action be commenced 
within six months after such forfeiture was declared, or, 
when such time has already elapsed, within six months after 
this act takes effect. 

Sec. 547. Liberal Construction. [Laws 1907, ch. 373, sec. 
5.] For the purpose of giving full force and effect to the pro- 
visions of each section of this act, it shall be held that either 
of the preceding sections would have been enacted had the 
other of such sections not been included herein ; it being the 
intention of this act, as far as legally may be, to protect all 
purchasers and settlers of school-lands from the claims of 
prior purchasers whose interests have been declared forfeited 
and the lands again sold to other persons, and to that end 
the provisions of this act shall be liberally construed. 

243. Section 545 is unconstitutional. ( See Peterailie v. McLachlin, Kan. 
1909.) 



196 



SCHOOL TEXT-BOOKS, UNIFORMITY. 



[Ch. 32 



CHAPTER XXXII.— School Text-books, 
Uniformity . 



j548. Commission; compensation. 

549. Term. 

550. Meetings. (See, also, § 492.) 

551. Texts to be adopted. 

552. Bids, how submitted. 

553. Open bids. 

554. Secretary. 

555. May consider manuscripts. 

556. State not liable. 
657. Proclamation. 

558. Dealers to establish agencies. 

559. Estimates. 

560. District ownership. 

561. Violation of contract. 

562. Term of contract. 

563. Blanks. 



§ 564. Advertise for bids. 

565. Special meetings. 

566. Vacancy. 

567. Oath. 

568. Penalties. 

569. Commission; penalty for violation. 
670. Appropriation. 

571. Additional texts. 

572. Prices. 

573. Advertising for bids, etc. 

574. Unlawful to sell. 

575. Penalty. 

576. Maps, globes, charts, and other appara- 

tus. 

577. Penalties. 

578. Meetings. (See, also, § 464.) 



Section 548. Commission. [Laws 1907, ch. 328, sec. l.J 
That for the purpose of carrying out the provisions of this 
act there is hereby created a School Text-book Commission 
consisting of eight members, to be appointed by the governor, 
by and with the consent of the senate : Provided, That not 
more than five of whom shall be selected from any one po- 
litical party, who shall receive as their only compensation the 
sum of five dollars for each day's actual service at any regu- 
lar or special session, and actual expenses in going to and 
returning from any meeting herein provided for ; and the 
state superintendent of public instruction shall be ex officio 
chairman of said School Text-book Commission, with the 
right to vote upon any and all propositions : Provided, That no 
per diem shall be allowed to any member of this commission 
who shall at the time of service thereon be receiving a stated 
salary from this state or from any county or (3ity therein. 

Sec. 549. Term. [6458.] The term of oflBce of this com- 
mission shall be four years from the first Monday in April, 
1897, and at the expiration of said term of oflBce, and each 
succeeding term, the governor shall appoint, by and with the 
consent of the senate, suitable persons members of this com- 
mission. And on the first Monday in May prior to the ter- 
mination of any contract for the furnishing of text-books to 
the people of this state under tliis act, or upon the termina- 
tion of any such contract or contracts, said commission shall 
have power, and it is hereby authorized and made the duty 
of said commission, to make new contract or contracts, or to 
relet any old contract or contracts for the furnishing of text- 
books as provided for in this act, and such commission shall 
succeed to all the powers, duties and obligations of the origi- 
nal commission. (Laws 1898, ch. 31, sec. 1.) 



Ch. 32] SCHOOL TEXT-BOOKS, UNIFORMITY. 197 

Sac, 550. Mettings. [6459.] The time of meeting for the 
commission herein provided for shall be the jBrst Monday in 
May, 1897, and at such other times as hereinafter provided 
for. (Laws 1897, ch. 179, sec. 3.) 

Sec. 551. Texts to he Adopted. [6460.] The School Text- 
Book Commission herein provided for shall be empowered 
and it is hereby authorized to select and adopt a uniform 
series of school text-books for use in the public schools of the 
state of Kansas, in the following-named branches, to wit : 
Spelling, reading, arithmetic, geography, English grammar, 
physiology and hygiene, history of the United States, civil 
government, elements of algebra and physical geography, 
elements of natural philosophy, bookkeeping, and a graded 
series of writing-books : Provided, That the matter contained 
in the subject of reading shall consist of lessons commencing 
with the simplest expressions of English, through the regular 
gradations of lessons up to and including the highest style of 
both poetry and prose : Providing, That no text-book shall be 
adopted by this commission that does not equal in quality of 
matter, material, binding and mechanical execution, and ap- 
proximately equal in size, the following text-books in general 
use, namely : The speller to McGufifey's New Speller, the 
readers to McGufifey's Readers, the arithmetics to White's 
series of arithmetic, the geographies to Rand & McNally's 
Geography, the grammar to Reed and Kellogg's Grammars, 
the histories to Barnes's School Histories, the physiology to 
Steel's Physiology, the civil government to Thummel's Gov- 
ernment of the United States with Kansas addendum, ele- 
mentary algebra to Ray's Algebra, physical geography to Rand 
& McNally's Physical Geography, elements of natural philoso- 
phy to Steel's Fourteen AVeeks in Philosophy, bookkeeping to 
Bryant & Stratton's graded series, mental arithmetic to 
Bailey's Mental Arithmetic, and writing to the Eclectic Copy- 
books : Provided, That no text-book shall be adopted that con- 
tains anything of a partizan or sectarian character. (Laws 
1897, ch. 179, sec. 4.) 

Sec. 552. Bids; Hoiv Submitted. [6461.] Any person, com- 
pany or corporation desiring to make any bid or bids upon 
any of the matters provided for in this act shall submit the 
same in writing, together with an unconditional certified 
check for f 1000 payable to the chairman of the commission, 
to be forfeited to the state if such party shall fail to enter 
into proper bond and make the required contract if awarded 
to him, carefully sealed and addressed to the chairman of the 
School Text-book Commission, Topeka, Kan., and said chair- 



198 SCHOOL TEXT-BOOKS, UNIFORMITY. [Ch. 32 

man shall preserve the same, unopened, until the time of 
meeting of said commission. (Laws 1897, ch. 179, sec. 5.) 

Sec. 553. Open Bids. [6462.] At the first meeting of this 
commission, it shall receive and open all sealed bids and 
propositions on the following matters : First, From the pub- 
lisher or publishers of school text-books for furnishing to the 
people of the state of Kansas, for use in the public schools of 
this state as provided for in this act, for a term of five years, 
commencing September 1, 1897, each bid stating specifically 
the price at which each book is to be furnished, and to be 
accompanied by a specimen copy of each book to be furnished 
in such bid. Second, From any author or authors of school 
text-books who have manuscript of books not published for 
the price at which they will sell their manuscript, properly 
prepared for printer's copy, together with the copyright of 
such books, for use in the public schools of this state. Third, 
From persons who are willing to undertake the compilation 
of a book or books or series of books provided for in section 
4 of this act,^** the price at which they are willing to under- 
take said compilation of any or all of such books to the satis- 
faction of said commission : Provided, That any and all bids 
by publishers herein provided for must be accompanied by a 
bond in the penal sum of $50,000, with resident freehold 
sureties to be approved by the Executive Council of this state, 
conditioned, that if any contract be awarded to any bidder 
thereunder, such bidder will enter into a contract to, and 
perform the conditions of his bid to the acceptance and satis- 
faction of said commission : And provided further , That no bid 
shall be considered unless the same shall be accompanied by 
an affidavit of the bidder that he is in no wise, directly or in- 
directly, connected with any other publisher or firm who is 
now bidding for books or manuscript submitted to said com- 
mission, nor has any pecuniary interest in any other pub- 
lisher or firm bidding at the same time, and that he is not a 
party to any contract, compact, syndicate or other scheme, 
in regard to exchange of books, division of territory, or dis- 
count to dealers, whereby the benefits of competition ar6 denied 
to the people of this state, and said commission shall have 
the right to reject any and all bids, and at their option shall 
have the right to reject any bid as to part of such books 
and to accept the same as to the residue thereof. At the 
meeting of said commission provided for in section 3 of this 
act,^" said commission shall open and examine all sealed bids 

244. Section 551 of this book. 

245. Section 550 of this book; see, also, section 578. 



Ch. 32] SCHOOL TEXT-BOOKS, UNIFORMITY. 199 

or propositions received pursuant to the provisions of this act, 
and it shall further be the duty of said commission to make 
a full, complete and thorough investigation of all such bids, 
restrictions, and propositions, and to ascertain under which 
sUch proposition or propositions the school text-books herein- 
before provided for could be furnished to the people of this 
state for use in the public schools at the lowest price, taking 
into consideration the size and quality as to matter, material, 
binding and mechanical execution of such books : Provided, 
always, That such commission shall not, in any case, contract 
with any author, publisher or publishers for the furnishing 
of any book, manuscript, or copyright of books which are to 
be sold to the people of this state for use in the public school 
at a price above or in excess of the following, which price 
shall include all costs and charges for packing, transportation 
and delivery to the several places hereinafter named in this 
state, namely : For the spelling-book, 10 cents ; for the first 
reader, 10 cents ; for the second reader, 17 cents ; for the 
third reader, 23 cents ; for the fourth reader, 30 cents ; for 
the fifth reader, 40 cents ; for the mental arithmetic, 20 cents ; 
for the intermediate arithmetic, 25 cents; for the complete 
arithmetic, 35 cents ; for the elementary geography, 30 cents ; 
for the complete geography, 75 cents ; for the English gram- 
mar, elementary, 20 cents ; complete grammar, 85 cents ; 
physiology and hygiene, 50 cents; for history of the United 
States, 50 cents ; for elements of natural philosophy, 50 cents ; 
for civil government, 40 cents ; for elementary algebra, 50 
cents ; for physical geography, 80 cents ; for bookkeeping, 40 
cents ; writing-books, 5 cents each ; and any school-book com- 
pany, person or firm, who shall contract to furnish the public 
schools of the state of Kansas with school-books under the 
provisions of this act, shall upon application of any school 
district within one year after the acceptance of the bid, take 
up the books now in use, and they shall exchange the new 
books at not more than 50 per cent, of the maximum prices 
fixed by the provisions of this act : Provided, That any school 
district or county that is now operating under a contract shall 
have the right to exhange, on the same terms, books for one 
year from the expiration of said contract. (Laws 1897, ch. 
179, sec. 6.) 

Sec. 554. Secretary. [6463.] At the first meeting of the 
members of this commission, they shall select one of their 
number secretary, whose duty it shall be to keep a correct 
record of all proceedings, votes, and actions of this commis- 
sion, which said records shall be deposited in the office of the 
state superintendent of public instruction at the times when 



200 SCHOOL TEXT-BOOKS, UNIFORMITY. [Ch. 32 

said commission is not in session. All votes upon any propo- 
sition submitted to this commission shall be yea and nay, and 
recorded on the journal of the day's proceedings. No person, 
except members of this commission, shall be present at or 
cognizant of any proceedings of this commission, during any 
time that it is in session, and no member of this commission 
shall, during any meetings of this commission, give any in- 
formation to any person or persons concerning any business 
transacted, or in course of transaction at any session of this 
commission, until after all the business of the session is con- 
cluded. At the close of each session of this commission the 
proceedings thereof shall be published in pamphlet form for 
general distribution among the people of this state. (Laws 
1897, ch. 179, sec. 7.) 

Sec. 555. 3f ay Consider Manuscripts. [6464.] If , upon the 
examination of bids and propositions, no publisher or pub- 
lishers of school text-books has bid within the provisions of 
this act for furnishing the school text-books for use in the 
public schools of this state, as provided for in this act, then 
said commission is empowered and is hereby authorized to 
procure such manuscript, copyrights and propositions for the 
compilation of school text-books, as provided for in this act, 
as will supply the schools of this state, and advertise for sealed 
bids for publishing the same, and supplying them under the 
terms herein prescribed for publishers, and said contract may 
be let for the publication of all such books, or for one or more 
of such books separately. And it shall further be the duty 
of said commission to provide in the contract for the publi- 
cation of any manuscript, for the payment, by the publisher, 
of the compensation agreed upon between such commission 
and the author or owner of any such manuscript, for such 
manuscript. (Laws 1897, ch. 179, sec. 8.) 

Sec. 556. State not Liable. [6465.] It shall be a part of the 
terms and conditions of any contract made in pursuance of 
this act, that the state of Kansas shall not be liable to any 
contractor or contractors for any sum of money whatever, 
but that all such contractors shall receive their pay and com- 
pensation solely and exclusively from the proceeds of the sale 
of the book or books provided for in this act. (Laws 1897, 
ch. 179, sec. 9.) 

Sec. 557. Proclamation. [6466.] As soon as such com- 
mission shall have entered into any contract for the furnishing 
of text-books for use in the public schools of this state, pur- 
suant to the provisions of this act, the state superintendent 
of public instruction shall notify the governor of such fact, 
and it shall be the duty of the governor to issue his procla- 



Ch. 32] SCHOOL TEXT-BOOKS, UNIFORMITY. 201 

mation announcing such fact to the people of the state, and 
immediately after the issuing of such proclamation by the 
governor it shall be the duty of the state superintendent of 
public instruction to notify the county superintendents of 
the various counties of this state of the books agreed upon 
and selected, together with the contract prices thereof. 
(Laws 1897, ch. 179, sec. 10.) 

Sec. 558. Dealers to Establish Agencies. [Laws 1909, 
ch. 68, sec. 1.] Within thirty days after the issuing of the 
proclamation by the governor of this state provided for in 
this act, any person, persons, company or corporation, hav- 
ing contracted for the furnishing of school text-books to the 
people of this state for use in the public schools thereof, shall 
arrange with at least one dealer or agent at the county-seat 
in each county of this state, and in each city of the first, sec- 
ond and third class in this state, for the handling, sale and 
exchange of the school-books provided for in this act.^*^ Such 
dealer or agent shall be allowed to charge the people of this 
state a commission not exceeding ten per cent, on the con- 
tract price established in this act for the handling and sale 
of such books : Provided, That any person, company or cor- 
poration having a contract under the provisions of this act 
shall be required to furnish books to any citizen or school 
district in Kansas at the same price and on the same terms 
as provided for the furnishing of such books to dealers or 
agents in cash orders of not less than ten dollars each, and 
deliver the same at, any railroad station in Kansas mentioned 
in such order. 

Sec. 559. Estimates. [6468.] At the annual school meet- 
ing to be held in the various school districts in this state in 
1897, and at each annual meeting thereafter, and at the meet- 
ing of the board of education of cities of the first or second 
class, an estimate shall be made of the number of school 
text-books needed in each of said schools, for the term next 
commencing therein, and the clerk of each school district, 
and the clerk of the board of education in each city of the 
first or second class, shall report the same to the county 
superintendent of public instruction immediately and not 
later than the 1st day of August next thereafter, and the 
county superintendent of public instruction shall, as soon as 
possible and not later than August 10 of each year, and 
oftener if the necessity of the schools require it, make out 
his requisition from the reports so received, and from other 

246. The contractor is required to consign the books to such agencies. 
The law does not require the agent to purchase the books from the con- 
tractor, but is to hold the same on consignment. 



202 SCHOOL TEXT-BOOKS, UNIFORMITY. [Ch. 32 

sources, and send it to the school-book publisher or pub- 
lishers having contracts under the provisions of this act, stat- 
ing therein the number of books of each kind needed for the 
schools of such county. (Laws 1897, ch. 179, sec. 12.) 

Skc. 560. District Ownership. [Laws 1909, ch. 216, sec 1.] 
At any annual school meeting of any school district in this 
state, or at any regular election in cities of the first or second 
class, a proposal may be submitted to the district or city of 
the first or second class, as the case may be, to purchase, own 
and furnish school text-books, as provided for in this act for use 
in the public schools thereof, free of charge to the pupils of 
said school district, or cities of the first or second class ; and 
if it shall be found that a majority of the legal electors in said 
school district or city of the first or second class shall have 
voted in favor of district ownership, then it shall bQCome the 
duty of the school board or board of education in cities of the 
first and second class to purchase, furnish and supply the 
pupils of the said district or city of the first or second class, 
under such provisions and regulations as may be prescribed 
by the school-district board, or board of education in cities of 
the first or second class, such text-books as may be found 
necessary as provided for in this act, and for the purpose of 
carrying out the provisions of this section the school board 
and the board of education of cities of the first or second class 
are hereby empowered to pay for the same out of any inci- 
dental funds in their hands belonging to such district or city. 

Sec. 561. Violation of Contract. [6470.] Upon the filing 
of a written complaint with the state superintendent of pub- 
lic instruction, by the county superintendent of public in- 
struction of any county in this state, or superintendent of 
schools of any city of the first or second class, charging any 
publisher or publishers, person, company or corporation with 
violating the conditions of said contract as is provided for in 
this act, the attorney-general is hereby instructed, and it 
shall be his duty to investigate the same, and if he finds 
probable cause for action, he shall immediately begin pro- 
ceedings in the name of the state to enforce the penalties of 
the bond or bonds provided for in this act : Provided, That in 
all actions brought by the attorney-general under the pro- 
visions of this act, no security for costs shall be required. 
(Laws 1897, ch. 179, sec. 14.) 

Sec. 562. Term of Contract. [6471.] Every contract with 
any person, company or corporation, publisher or publishers 
of the school text-books for use in the schools of this state shall 
be for five years from the date thereof; and no school-district 
board or board of education of any city of the first or second 



Ch. 32] SCHOOL TEXT-BOOKS, UNIFORMITY. 203 

class shall adopt, use, or permit to be used any otiier school 
text-books than those provided for in this act : Provided, 
That nothing herein contained shall be construed to prevent 
the teachers and pupils of this state from using any school 
text-book other than those provided for in this act as refer- 
ence books in such schools : And provided further , That noth- 
ing herein contained shall be construed to apply to the use 
of school-books in branches other than those mentioned in 
this act, nor shall anything herein be construed to apply to 
counties now under contract for county uniformity of text- 
books, until said contract or contracts shall have expired, or 
with school districts or cities of the first or second class hav- 
ing such contract until such contract shall have expired ac- 
cording to the terms which have been agreed to in writing : 
And provided, At the expiration of such contracts such coun- 
ties, school districts and cities of the first or second class 
shall thereafter be governed by the provisions of this act. 
(Laws 1897, ch. 179, sec. 15.) 

Sec. 563. Blanks. [6472.] It shall be the duty of the at- 
torney-general of the Btsite to furnish blank contracts to the 
state superintendent of public instruction for the purpose of 
carrying out the provisions of this act. (Laws 1897, ch. 179, 
sec. 16.) 

Sec. 564. Advertise for Bids. [6473.] It shall be the duty 
of the superintendent of public instruction of this state, so 
soon as this law goes into efi"ect, to advertise in the official 
state paper, for at least four consecutive weeks, for bids and 
proposals as provided for in section 5 of this act.^^ (Laws 
1897, ch. 179, sec 17.) 

Sec. 565. Special Meetings. [6474.] Special meetings of 
this commission may be held at any time on the call of the 
state superintendent of public instruction : Provided, That 
the first session of this commission shall not continue longer 
than ten days, and no special session any longer than four 
days. (Laws 1897, ch. 179, sec 18.) 

Sec. 566. Vacancy. [6475.] If any member of this com- 
mission should die, or resign, or become in any way incapaci-* 
tated for serving on such commission, the vacancy thereby 
created shall be filled by appointment made by the governor 
of the state : Provided, That such vacancy always shall be 
filled from the same political party to which the person so re- 
moved belonged. (Laws 1897, ch. 179, sec. 19.) 

Sec. 567. Oath. [6476.] No member of this commission 
shall enter upon the discharge of his duties, until he has taken 

247. Section 552 of this book. 



204 SCHOOL TEXT-BOOKS, UNIFORMITY. [Ch. 32 

and subscribed to an oath to support the constitution of the 
United States, the constitution of the state of Kansas, and 
honestly and faithfully fulfil and discharge the duties of his 
office according to law. (Laws 1897, ch. 179, sec. 20.) 

Sec. 568. Penalties. [6477.] Any person, or persons, who 
shall directly or indirectly demand or receive any money, 
promise, or any other thing of value for any book or books 
provided for in this act, in excess of the contract price, to- 
gether with ten per cent, herein provided for for dealers or 
agents, and any member of any such district board, or any 
member of any school board in any city of the first or second 
class, or any teacher of any school who shall adopt, use, or 
permit to be used, or cause to be used in any public school of 
this state, any other text-book or books than those provided 
for in this act, shall be deemed guilty of a misdemeanor, and 
upon conviction in any court of competent jurisdiction shall 
be fined in any sum not less than $25 nor more than $100, or 
by imprisonment in the county jail not to exceed ninety days, 
or by both such fine and imprisonment : Provided, That in es- 
timating the price at which the dealer or agent may sell 
books under the provisions of this act, the total amount of 
each sale shall not vary to exceed one-half of one cent above 
the contract price, plus ten per cent, provided for herein. 
(Laws 1897, ch. 179, sec. 21.) 

Sec. 569. Commission; Penalty for Violation. [6478.] Any 
member of the commission herein established violating any 
of the provisions of this act shall be guilty of a misdemeanor, 
and upon conviction sh-all be fined in any sum not less than 
$100 nor more than $500, and be imprisoned in the county 
jail for a term not less than one year, and upon conviction 
shall forfeit his office. (Laws 1897, ch. 179, sec. 22.) 

Sec. 570. Appropriation. [6479.] For the purpose of pay- 
ing mileage and per diem to the members of this commis- 
sion, printer's fees, postage and expense of meetings, there is 
hereby appropriated out of any money in the treasury not 
otherwise appropriated the sum of $2500, or so much thereof 
as shall be necessary to carry out the provisions of this act. 
The auditor of state is hereby authorized to draw his warrant 
on the state treasurer for the amount of per diem and com- 
pensation due to each member of said commission or to par- 
ties performing services under the provisions of this act : 
And provided further, The sum of $10,000, or so much thereof 
as may be needed, is appropriated out of any money in the 
state treasury not otherwise appropriated, to buy manuscript 
under the provisions of this act, should it become necessary 
for the purchase of such manuscript as provided in this act, 



Ch. 32] SCHOOL TEXT-BOOKS, UNIFORMITY. 205 

and the state treasurer is thereupon directed to pay such war- 
rant : Provided, Such accounts be verified as provided in other 
cases and approved by the state superintendent of public in- 
struction. (Laws 1897, ch. 179, sec. 23.) 

Sec. 571. Additional Texts. [6480.] The School Text- 
book Commission provided for in chapter 179, Laws of 1897, 
shall be authorized and empowered, and it is hereby made 
their duty, to adopt uniform school text-books for use in the 
public schools of the state of Kansas in the following branches, 
to wit : A primer, a primary reading chart, and a graded 
series of drawing-books or drawing portfolios, geometry (the 
work to include both plane and solid geometry) , Latin gram- 
mar, Latin exercises, Csesar, Cicero, Virgil, general history, 
history of Kansas, English history, rhetoric, English litera- 
ture, botany, zoology, chemistry, word analysis, geology, 
German exercises, German grammar, and descriptive astron- 
omy : Provided, however, That no books shall be adopted by 
this commission that do not equal in subject-matter, mate- 
rial, binding, and mechanical execution, and approximately 
equal in size, the following books, viz. : The primer, to Wer- 
ner's Primer, and to contain not less than ninety-six pages, 
including colored illustrations and number lessons ; the draw- 
ing-books or drawing portfolios, to Walter's Industrial Draw- 
ing ; reading chart, to Wooster's Primary Reading Chart ; the 
geometry (the work to include both plane and solid geom- 
etry) , to Phillips and Fisher's Elements of Geometry 
(abidged) ; the Latin grammar, to Harkness's Latin Gram- 
mar ; the Latin exercises, to Collar and Daniel's First Latin 
Book ; the Csesar, to Harkness's Csesar ; the Cicero, to Allen 
and Greenough's Cicero; the Virgil, to Harper and Miller's 
Virgil's ^neid ; the general history, to Myers's General His- 
tory ; the English history, to Montgomery's English History ; 
the rhetoric, to Genung's Elements of Rhetoric ; English lit- 
erature, to Shaw's Outline to English and American Litera- 
ture ; the botany, to Bergen's Elements of Botany ; zoology, 
to Packard's Elements of Zoology ; chemistry, to Shepard's 
Inorganic Chemistry; geology, to Dana's Text-book of Geol- 
ogy (Rice) ; word analysis, to Swinton's Word Analysis; 
German exercises, to Collar-Eysenbach's German Lessons ; 
German grammar, to Otto's German Conversation Grammar ; 
descriptive astronomy, to Todd's Astronomy. (Laws 1899, 
ch. 176, sec. 1.) 

Sec. 572, Prices. [6481.] Said commission shall in no 
case contract with any author, publisher or publishers for the 
furnishing of any book or books, manuscript or copyright 
of book or books, which are to be sold to the people of this 



206 SCHOOL TEXT-BOOKS, UNIFORMITY. [Ch. 32 

State for use in the public schools at a price above or in excess 
of the following, which price shall include all cost and charges 
of packing, transportation and delivering of books to the re- 
tail dealers and purchasers in the state of Kansas : For the 
primer, 12 cents ; for the drawing-books or portfolios, 10 
cents ; for the geometry, 80 cents ; for the Latin grammar, 
75 cents ; for the Latin exercises, 60 cents ; for the Caesar, 
75 cents ; for the Cicero, 75 cents ; for the Virgil, 75 cents ; 
for the general history, 90 cents ; for the English history, 75 
cents ; history of Kansas, consisting of at least 300 pages, at 
a cost not to exceed 60 cents ; for the rhetoric, 75 cents ; for 
the astronomy, 70 cents ; for the German exercises, 70 cents ; 
for the German grammar, 80 cents ; for the English literature, 
75 cents ; for the botany, 75 cents ; for the zoology, 80 cents ; 
for the chemistry, 75 cents ; for the geology, 80 cents ; for the 
word analysis, 20 cents : Provided^ however, That retail deal- 
ers shall be entitled to add ten per cent, to the above-stated 
prices as profit for handling and sale of the books adopted by 
the commission in compliance with the provisions of this act. 
(Laws 1899, ch. 176, sec. 2.) 

Sec. 573. Advertising for Bids. [6482.] The method of 
advertising for bids, of receiving bids, the requirements of 
bidders, the opening of bids, the awarding and duration of 
contracts, the filing and approval of bonds on the part of any 
person, persons, firm or corporation who may desire to bid 
or to whom a contract is awarded under this act, the deliver- 
ing of books to dealers or purchasers and the commission for 
dealers shall be the same as is provided in chapter 179, Laws 
of 1897. '*« (Laws 1899, ch. 176, sec. 3.) 

Sec. 574. Unlawful to Sell. [6258.] It shall be unlawful 
for any person to sell to any school board or board of educa- 
tion in the state of Kansas or to solicit the purchase by any 
school-district board or board of education of any chart, map, 
globe, or other school apparatus, except scientific apparatus 
for high schools, unless the same shall have been submitted 
to the School Text-book Commission of the state of Kansas, 
and by them approved and a maximum price fixed therefor. 
(Laws 1901, ch. 308, sec. 1.) 

Sec. 575. Penalty. [6259.] Any person who shall sell to 
any school-district board or board of education of any city of 
the first or second class within the state of Kansas any chart, 
map, globe, or other school apparatus, except scientific appa- 
ratus for high schools, which has not been approved by the 
School Text-book Commission of the state of Kansas, and any 

248. See section 552 of this book. 



Ch. 32] SCHOOL TEXT-BOOKS, UNIFORMITY. 207 

person who shall request or endeavor to persuade any such 
school-district board or board of education, or any member 
thereof, to purchase any chart, map, globe or other school 
apparatus the sale of which is hereby prohibited, shall be 
guilty of a misdemeanor, and subject to a fine of not exceed- 
ing $200 for each offense. (Laws 1901, ch. 308, sec. 2.) 

Sec. 576. Maps, Globes, Charts, and Other Apparatus. [6483.] 
It shall be unlawful for any school-district board or board of 
education of any city of the first or second class to purchase 
or contract for any chart, map, globe, or other school appa- 
ratus, except scientific apparatus for high schools, unless the 
same shall have been submitted to the School Text-book Com- 
mission at a regular or special session, and by them approved, 
and a maximum price therefor fixed by said School Text-book 
Commission.**® (Laws 1899, ch. 176, sec. 4.) 

Sec. 577. Penalties. [6484.] The punishment for the vio- 
lation of the provisions of this act, or of any contract in pur- 
suance thereof, or for the use of any book in the schools not 
provided for by the commission in pursuance of this act, 
whether on the part of the commission or any member thereof, 
or any school board or board of education or member thereof, 
or of any teacher, shall be the same as prescribed in chapter 
179, Laws of 1897 : Provided, That nothing in this act shall 
be construed to apply to any book used as a book of reference. 
(Laws 1899, ch. 176, sec. 5.) 

Sec. 578. Meetings. [6485.] The School Text-book Com- 
mission shall meet in regular session on the first Monday in 
May, 1899, said session to continue not longer than ten days, 
and special meetings may be held as provided in chapter 179 
of the Session Laws of 1897, of which this act is supple- 
mental.'^" (Laws 1899, ch. 176, sec. 6.) 

249. The law does not apply to the purchase of school furniture, refer- 
ence books, or dictionaries. 

250. See section 565 of this book. 



208 TOBACCO AND CIGARETTES. [Ch. 33 



CHAPTER XXXlil.— Tobacco and Cigarettes. 



§ 581. Penalty for selling or giving away ciga- 
rettes or tobacco. 



§ 579. Unlawful to sell or give away cigarettes 
or cigarette papers. 
580. Penalty for smoking, using or furnish- 
ing cigarette* or tobacco. 

Section 579. Unlawful to Sell or Give Away Cigarettes or Ciga- 
rette Papers. [Laws 1909, ch. 257, sec. 1.] It shall be un- 
lawful for any person, company or corporation to sell or give 
away any cigarettes or cigarette papers or to have any ciga- 
rettes or cigarette papers in or about any store or other place 
for free distribution or sale. 

Sec. 580. Penalty for Smoking or Using or Furnishing Ciga- 
rettes or Tobacco. [Laws 1909, ch. 257, sec. 2.] Every minor 
person who shall smoke or use cigarettes, cigars or tobacco 
in any form on any public road, street, alley, park or other 
lands used for public purposes, or in any public place of busi- 
ness, shall be guilty of a misdemeanor, and upon conviction 
shall be punished for each offense by a fine of not more than 
ten dollars, and every person who shall funish cigarettes, ci- 
gars or tobacco in any form to such minor person, or who 
shall permit such minor person to frequent any premises 
owned, held or managed by him, for the purpose of indulg- 
ing in the use of cigarettes, cigars or tobacco in any form, 
shall be guilty of a misdemeanor, and upon conviction shall 
be punished by a fine of not less than |25 nor more than $100. 

Sec. 581. Penalty for Belling or Giving Away Cigarettes or 
Tobacco. [Laws 1909, ch. 257, sec. 3.] Every person, com- 
pany or corporation violating any of the provisions of section 
1 of this act shall be deemed guilty of a misdemeanor, and on 
conviction shall be fined not less than f 25 nor more than $100. 



Ch. 34] WARRANTS AND BONDS LOST AND DESTROYED. 209 



CHAPTER XXXIV.— Warrants and Bonds Lost and 

Destroyed. 

§ 582. Duplicates may be issued. I § 585. Correspond with original. 

583. Mutilated warrant or bond. 586. Record of duplicates. 

584. Affidavit and bond. I 

Section 582. Duplicate May he Issued. [558.] Whenever 
any bond or warrant of the state or territory of Kansas, or 
any county, city, township, or school district, shall become 
so far mutilated as to become unfit for circulation, or shall 
be lost or destroyed, a duplicate thereof may be issued by 
the officer authorized by law to issue such bonds or warrants, 
under the regulations and restrictions hereinafter prescribed. 
(G. S. 1868, ch. 15, sec. 1.) 

Sec. 583. Mutilated Warrant or Bond. [560.] On the de- 
livery to the proper officer of any mutilated bond or warrant, 
a duplicate of such bond or warrant shall be issued as herein 
provided. (G. S. 1868, ch. 15, sec. 3.) 

Sec. 584. Affidavit and Bond. [561.] A duplicate for a 
lost or destroyed bond or warrant shall not be issued until 
there shall have been filed with the proper officer an affidavit 
of some person knowing the facts, setting forth the owner- 
ship of such bond, the description thereof, the number of 
coupons thereto attached, and the manner of its loss or de- 
struction, and until there shall have been executed and filed 
with the same officer an indemnifying bond, with securities 
to be approved by such officer, in a sum equal to double the 
amount of such warrant or bond and the coupons attached, 
conditioned that the parties thereto shall pay all damages 
which the state, county, city, township, or school district, as 
the case may be, may sustain if compelled to pay such lost or 
destroyed bonds or coupons. (G. S. 1868, ch. 15, sec. 4.) 

Sec. 585. Correspond ivith Original. [559.] Such dupli- 
cate shall correspond, in number, date, amount and coupons, 
with the original bond or warrant, and shall have indorsed 
on its face, and on the face of each coupon, by the officer is- 
suing the same, the word "Duplicate," together with the date 
of its issuance. (G. S. 1868, ch. 15, sec. 2.) 

Sec. 586. Record of Duplicates. [562.] Any officer issuing 
duplicates under this act shall keep a record showiag the 
numbers, dates -and amounts of such mutilated, lost or de- 

-7* 



210 WARRANTS AND BONDS LOST AND DESTROYED. [Ch. 34 

stroyed bonds or warrants, and the number of coupons thereto 
attached, together with the date of issuance of the dupli- 
cate therefor, and the names of the persons to whom issued. 
(G. S. 1868, ch. 15, sec. 5.) 



Ch. 35] 



WARRANTS, REGISTRATION OF. 



211 



CHAPTER XXXV.— Waerants, Registration of. 



5 587. How and to whom drawn. 

588. Shall be sworn to before. 

589. Shall be sisrned by and attested by. 

590. Record of all warrants. 

591. All warrants conntersigned by. 



§ 592. Payment of warrants. 

593. Indorsed when no funds. 

594. Publication of lists. 

595. Delivery of books to successor. 

596. Penalty.' 



Section 587. How and to Whom Drawn. [6005.] All war- 
rants shall be drawn to the order of the person or persons 
entitled to receive the same, and shall specify the nature of 
the claim or service for which they were issued and out of 
what funds payable; and the term "warrants," as used in 
this act, shall be understood to include all orders of any kind 
or description authorized by law to be drawn on public treas- 
urers for money payments. (Laws 1891, ch. 249, sec. 1.) 

Sec. 588. Sworn to. [6006.] No warrants shall be issued 
except under due authority as provided by law ; and no war- 
rants shall be issued or authorized by any board of county 
conimissioners, city council, township board, school-district 
board, or board of education, except on audited account duly 
itemized in writing and verified by affidavit, setting forth 
that the same is just and correct and remains due and un- 
paid ; and for the purpose of such affidavit, the chairman of 
the county board, the mayor of the city, the township trustee, 
the director of the school district, and the president of the 
board of education, and the respective clerks thereof, shall 
have power to administer oaths. (Laws 1891, ch. 249, sec. 2.) 

Sec. 589. Signed and Attested. [6007.] County warrants 
shall be signed by the chairman of the board of county com- 
missioners, and attested by the clerk ; city warrants shall be 
signed by the mayor, and attested by the city clerk ; town- 
ship warrants shall be signed by the township trustee, and 
attested by the township clerk ; school-district warrants shall 
be signed by the director, and attested by the clerk ; board 
of education warrants shall be signed by the president, and 
attested by the clerk. (Laws 1891, ch. 249, sec. 3.) 

Sec. 590. Record. [6008.] The clerk of every county, 
township, city, school district, or board of education shall 
keep a correct record of all warrants drawn on the treasury 
of such county, township, city, school district, or board of 
education, showing the number, date and amount thereof, 
on what fund drawn, and the name of the person or persons 
to whom the same are made payable. (Laws 1891, ch. 249, 
sec. 4.) 



212 WARRANTS, REGISTRATION OF. [Ch. 35 

Sbc, 591. Countersigned. [6009.] Before delivering any 
warrant to the person or persons for whose benefit the same 
is drawn, the clerk shall present the same to the treasurer, 
who shall enter, in a book by him kept for that purpose, the 
number, date and amount of such warrant, on what fund 
drawn, and the name of the payee, and thereupon counter- 
sign the warrant upon the face thereof. (Laws 1891, ch. 
249, sec. 6.) 

Sec. 592. Payment. [6010.] It shall be the duty of the 
treasurer of any coiinty, city, township, school district or 
board of education to pay on presentation any warrant prop- 
erly drawn on any fund in his custody by virtue of his office, 
and, when paid, write across the face of such warrant the 
word "Paid" in red ink, and sign the same : Provided, That 
there is sufficient money in his possession belonging to the 
fund upon which such warrant is drawn to pay the same. 
(Laws 1891, ch. 249, sec. 6.) 

Sbc. 593. Indorsed. [6011.] In case there is not sufficient 
money in the hands of such treasurer to pay any warrant when 
presented, he shall indorse thereon a proper registered num- 
ber, in the regular order of its presentation, and the words, 
"Presented and not paid for want of funds, "^^^ with date, and 
sign said indorsement ; and he shall record in his warrant 
register the number, amount and date of all such warrants, 
to whom payable, and the date when presented for payment, 
and their registered number as indorsed thereon, and such 
warrants shall be paid in the order of their presentation as 
shown by such register ^ and no warrants shall be received 
for taxes by any county treasurer unless he shall have in 
cash a sufficient sum to redeem all warrants having such 
priority over the warrants so offered for taxes. (Laws 1891, 
ch. 249, sec. 7.) 

Sec. 594. Publication of Lists . [6012,] It shall be the duty 
of any treasurer, whenever any money comes into his hands 
by virtue of his office, to set apart a sufficient sum to pay any 
or all warrants that have been registered in compliance with 
the provisions of this act, and to keep the same until called 
for ; and it shall be the duty of every county, township and 
school-district treasurer to publish in the official county 
paper, and of every city treasurer and board of education to 
publish in the official city paper, between the 1st and 15th 
days of February and August in each year, a call for the re- 
demption of such warrants as he can pay, describing the war- 
rants by giving their issue number, register number, and 

251. Such warrants bear six per cent, interest until paid. 



Ch. 35] WARRANTS, REGISTRATION OF. 213 

amount ; and interest shall cease on each of said warrants on 
and after such publication. (Laws 1891, ch. 249, sec. 8.) 

Sec. 595. Books Delivered. [6018.] Every county, city 
and township treasurer and every treasurer of a school district 
or board of education shall, upon the expiration of his term 
of office, deliver to his successor the warrant register contain- 
ing the list of warrants originally recorded and countersigned, 
and presented and registered, who shall in all things act as 
though the entries of such warrants were made by himself. 
(Laws 1891, ch. 249, sec. 9.) 

Sec. 596. Penalty. [6014.] Any oflBcer of any county, 
city, township, school district or board of education who shall 
sign or attest any warrant not duly authorized by the proper 
board or city council, and any treasurer who shall counter- 
sign any warrant not theretofore signed and attested by the 
proper officers as required in this act, shall be liable to the 
county, city, township, school district or board of education 
in the sum of such warrant ; and any such officer who shall 
violate any of the provisions of this act shall be deemed guilty 
of a misdemeanor, and upon conviction thereof shall be fined 
in a sum of not less than |50 nor more than |500. (Laws 
1891, ch. 249, sec. 10.) 



214 WATER-CLOSETS. [Ch. 36 



CHAPTER XXXVI.— Water-closets. 

Section 597. Building and Maintaining . [G427.] That the 
school boards and boards of education having supervision 
over any school district in this state shall provide and main- 
tain suitable and convenient water-closets for each of the 
schools under their charge or supervision. There shall be at 
least two in number, which shall be entirely separate from 
each other. It shall be the duty of the officers aforesaid to 
see that the same are kept in a neat and wholesome condition ; 
and failure to comply with the provisions of this act by the 
aforesaid officers shall be grounds for their removal from 
office. (Laws 1891, ch. 197, sec. 1.) 



INDEX. 



Pg. Sec. 

Absence, must be reported 38 90 

Accounts of district officers, examined by county superintendent 44 103 

Act of admission, grant of land for educational purposes vii 

Accrediting colleges by state board; 22 53 

Accredited colleges, defined 22 53 

Accredited colleges, notes on board's requirements 26 65 

Additional state certificates 19 41 

Additional texts 205 571 

Additional texts, prices for ' 205 572 

Adjacent territory may be attached, city second class 139 380 

Adjustment, property annexed territory; appeal 127 344 

Advertise for bids, text-books 203 564 

Advertisement for bids, text-books 206 573 

Agencies, sale of books, established 201 558 

Agencies, sale of text-books 201 558 

Aggrieved persons may appeal 50 116 

Agricultural College: 

county examination at 28 68 

graduates entitled to credits for state certificates 23 55 

loan commissioner abolished , 172 475 

president member State Board of Education 18 39 

Aid to high schools 68 178 

Alcoholic stimulants, effects of : 

pupils shall be instructed in, teachers examined in 33 84 

Annexation of school districts 55 132 

division of districts annexed 55 133 

Annexation of territory to city 162 447 

appeal 163 449 

duty of county superintendent 162 448 

Annual meeting : 

consolidated districts 58 141 

discontinue school 85 238 

school districts, date of 158 437 

send children to other districts 85 239 

union district, composed of a single district 166 4606 

union district, composed of two or more districts 166 460a 

estimates of text-books needed 201 559 

Annual school fund— state: 

apportionment. (See Apportionment.) 

cities entitled to proportional share 165 458 

composed, how 176 491 

districts not to receive 45 104 

insurance companies contribute to 177 497 

report of, by state treasurer, to state superintendent 176 493 

state treasurer to pay to county treasurer 176 494 

state treasurer to receive and hold 176 492 

Annual report : 

clerk of joint district 80 220 

county superintendent to state superintendent 46 106 

district clerk to county superintendent 80 222 

trustees of county high school 65 163 

Annual taxes, city first class 130 354 

Apparatus : 

approval of 207 576 

unapproved, penalty for sale of 206 575 

unlawful to sell 206 574 

(215) 



216 INDEX. 

Appeal : Pa- Sec. 

aggrieved persons 50 116 

adjustment, annexed territory 163 449 

attached territory to graded district 163 450 

decision of county superintendent dividing property 163 449 

decision of county superintendent forming or altering district 60 116 

decision of probate court in sale of school-land 181 504 

suspended pupil, to county superintendent 87 245 

, to state superintendent, in case of joint district 156 435 

Appendages to schoolhouse provided by district board 86 244 

Appointments : 

assistant state superintendent of public instruction 152 424 

clerk school-fund commissioners 152 424 

deputy county superintendent 59 145 

librarian, by district board 114 314 

trustees county high school 60 150 

vacancy in district board 48 110 

vacancy in office of county superintendent 48 111 

Apportionment of school funds : 

cities shall receive 165 458 

county superintendent 45 104 

graded school district 165 457 

high-school fund 69 181 

state superintendent 163 425 

union school district 165 457 

Appraisement : 

filed by county clerk 179 BOO 

schoolhouse , 165 457 

schoolhouse site 161 446 

school-land 178 499 

schoolhouse, change of site 161 445 

Appraisers : 

schoolhouse site 161 446 

school-land, appointed by county commissioners 178 499 

school-land, cannot purchase 188 521 

school-land, fees 188 522 

unlawful to purchase land appraised 188 521 

Appropriation for industrial training 95 266 

Appropriation for Text-book Commission 204 670 

Approval of college course of study ^. 20 42 

Approval of colleges 22 53 

Approved colleges: 

credit may be refused, when '. 21 48 

examination shall be held at 21 47 

other institutions entitled to credit, when 21 45 

Art gallery, Aplington 109 

useof 109 300 

part of traveling library 109 301 

management of 109 801 

Assessors furnish map of district, by county superintendent 58 144 

Assistant state superintendent of public instruction : 

appointment 152 424 

duties : 152 424 

oath 152 424 

state superintendent responsible for acts of ■ 162 424 

Asylums, children in, education of 40 94 

Attachment of territory: 

city of first class 125 341 

graded-school districts 163 450 

Attached territory, city of second class 139 380 

detachments by county superintendent 140 382 

taxation of 140 §81 

Attendance at school, compulsory 105 290 

Attendance in other districts 85 239 



INDEX. 217 

Attorney-general : Pg. Sec. 

advise state superintendent 153 427 

collect money due the state 171 472 

member Board of School-fund Commissioners 167 461 

prepare form of certificate of purchase of school-land 184 509 

prosecute county clerk for failure to report 193 542 

Auditor of state : 

abstract of school-lands transmitted to, by county clerk., 186 516 

cancelation of bonds and coupons 174 485 

funding bonds stamped by. 175 489 

indorsement of bonds 175 489 

register all bonds of school-fund 174 482 

register bonds purchased by School-fund Commissioners 174 483 

register compared with bonds in treasurer's hands 174 486 

report failure of county clerks to report 186 516 

Barnes high-school law 68 178-190 

Barnes high schools : 

apportionment of funds 69 181 

Barnes law in effect in certain counties 70 188 

county superintendent shall certify to county clerk 69 183 

county treasurer to pay taxes collected 71 189 

courses of study 70 185 

funds collected 68 180 

levy made, when 68 179 

may receive county aid 68 178 

penalty county treasurer not paying over money 71 190 

principal shall make report 69 182 

some cities and counties exempt 70 186 

tuition free 69 184 

when in force 70 187 

Bible may be read in schools ] J?2 ^i 

Biennial report of state superintendent 154 432 

Bids, text-books, advertisements for 203 564 

how submitted 197 552 

when opened ; 198 553 

Blanks for common schools 153 428 

distribution by county superintendent 153 428 

forwarded to county superintendent 153 428 

for text-book contract 203 563 

furnished by state superintendent 153 428 

published by state superintendent 153 428 

Blind, deaf, mute, must be instructed 39 92 

Board of education, cities of first class 126 342 

bonds, levy for 135 374 

bonds, treasurer shall pay interest 134 369 

clerk 128 348 

compensation 129 351 

composed, how 126 342 

duties and powers 127 344 

election 126 342 

examining committee, appointed by 129 352 

expenditures 131 361 

meetings 131 359 

officers 127 345 

organization of 127 345 

Board of education, cities of second class 141 386 

children under seven years may be excluded from school, when 138 379 

clerk 142 392 

clerk, bonds 142 393 

election .' 141 386 

eligibility 141 386 

examining committee 141 388 

free schools 138 379 



218 INDEX. 

, / 

Board of education, cities of second class : Pg. See. 

meetings I44 393 

oath taken by each member 148 414 

officers, election • 142 339 

organization 142 339 

powers 141 ggg 

president 142 390 

report, annually I44 399 

Bonds, school: 

and register, compared annually • 174 435 

building purposes for county high schools 67 174 

cancelation of g 13 

canceled by auditor of state I74 435 

cities of the first class : 

interest and sinking-fund, levy for •. . 131 357 

issued for what purposes 132 364 

issued, how I33 gee 

proclamation of the mayor calling for election 132 365 

refunding I35 372 

registry by board of education \ J^^ ^^ 

security of I35 370 

tax levy for I35 374 

use of money 136 376 

cities of the second class : 

election I45 402 

execution I45 403 

interest limited to five per cent 145 405 

issued for what purpose 145 405 

issued, when I45 405 

registry 147 409 

consolidated, to be registered ; . 174 481 

consolidation of , 173 430 

county high school, illegal use of proceeds of 68 177 

county high school, limitation as to amount 68 176 

disorganized district 14 33 

election.:.. \ 2 2 

election, petitioned for 67 ' 175 

exchanged by commission 175 488 

funding, to be stamped v 175 488 

funding, record of proceedings 175 490 

funding, what may be purchased 17S 488 

indorsed by auditor 175 489 

instalment ; 11 23 

issuance for county high-school building 68 176 

issued for payment of outstanding warrants 8 18 

limitation of issue : 

cities of first class 132 365 

city, school district, and board of education 8 17 

county and township 8 17 

school district 1 1 

maturity of, duty of state treasurer 6 11 

offer to School-fund Commissioners compulsory 5 note 

or warrants, lost or destroyed 209 

paid and canceled : 174 485 

payable at state treasury 6 10 

payment of, before maturity \ 5 5 

payment for outstanding warrants, bonds issued for. , 8 18 

purchased by Commissioners, to be registered 174 483 

rate and time, exchanged bonds 175 488 

record kept of offers to School-fund Commissioners 168 464 



INDEX. 219 

Bonds, school : Pa- Sec. 

refunded 7 

cannot increase indebtedness 10 20 

how and when issued 8 17 

how canceled 9 19 

must be preserved 9 19 

registered 9 19 

signed by whom 7 16 

sale of, certain, to School-fund Commission 171 473 

school-district : 

denominations 3 3 

election 2 2 

interest , 3 3 

interest and sinking-fund, levy for . j 4 5 

issued for payment of outstanding warrants 8 18 

issued for what purposes 1 1 

paid, shall be canceled and destroyed 5 7 

penalty for wrongful issue 4 6 

registration 3 4 

Bond. oflBcial : 

clerk, board of education, city of first class 128 349 

clerk, board of education, city of second class 142 393 

county superintendent public instruction 43 102 

district treasurer 81 227 

state superintendent public instruction 147 408 

treasurer board of education, cities of first class 129 350 

treasurer board of education, cities of second class 81 225 

Bonded indebtedness of disorganized districts, how disposed of \ g, jog 

Bonded indebtedness of merged districts may be refunded 13 27 

Bonded indebtedness may be refunded 7 15 

Bonus, penalty for receiving, from publisher 90 251 

Books sent out by traveling library 109 299 

Boundaries of school districts : 

changing by county superintendent 49 115 

description furnished county clerk by county superintendent 46 105 

for county clerk 46 105 

map of, furnished assessors by county superintendent 58 144 

Boundaries of consolidated districts recorded 58 139 

Branches required, district schools 74 201 

Buildings : 

cities of first class, bonds voted for 132 364 

cities of second class, bonds voted for 146 405 

county high school 62 156 

school district, bonds voted for 1 1 

Business colleges : 

notes void, when 17 38 

penalty 17 37 

permit to be shown by agent 16 36 

permit to canvass 16 84 

revocation of 16 35 

Canceled: 

bonds and coupons shall be, by state treasurer 6 13 

district bonds, when paid 5 7 

Cancelation of : 

bonds 6 13 

paid bonds and coupons 174 485 

state certificates, when 22 51 

Census, annual, how made 39 91 

Census, oath of parents, penalty 39 91 

Certificates of purchase, school-lands 184 509 

Certificates 18 

, .. J 33 82 

cancelation -j 22 51 



220 INDEX. 

Certificates : pg^ ggg^ 

candidates for, recorded by county superintendent 43 103 

cities of the first class 129 852 

cities of the second class I43 395 

county, grades of 3q ^g 

county, issued only upon examination 32 gl 

districts employing ten or more teachers 33 35 

examination questions, unlawful use of 29 73 

examiners exempt 30 75 

first grade, to whom issued 31 73 

indorsement of, other counties 33 32 

life, shall be void, when 21 50 

normal institute II5 315 

normal school diploma shall be 24 59 

of force, county where 33 §2 

other states, recognized 21 49 

penalty, unlawful use of examination questions 30 74 

professional, to whom issued 30 77 

renewal of state J 22 54 

I 24 57 

renewal of professional 30 77 

( 22 51 

revocation J 33 gg 

( 33 82 

state 18 39 

state, issued on professional examination 21 45 

State Normal . . . . ; 23 56 

state, must be registered 25 60 

second grade, to whom issued 32 79 

second grade, given graduate normal course, county high school 64 162 

temporary 32 go 

third grade 32 79 

valid in county high schools 64 161 

Challenge of vote at district meeting I59 441 

Changed districts, appeal from 50 lie 

Change of site Igl 444 

Chief clerk of state superintendent , 152 424 

Child labor 4I 

Children : 

attendance at school compulsory 35 gg 

certificate of age required 41 97 

duties of inspectors ^ 42 93 

employment of, under fourteen 41 95 

employment of, under sixteen 41 9g 

in asylums to be educated ' 40 94 

penalty for violation of law 42 99 

under seven years may bo excluded, when 138 379 

Cities of first class 125 

attachment of adjacent territory 125 341 

board of education 12g 342 

de&ned I25 340 

school elections under commission system I37 377 

superintendent 128 343 

teachers I29 352 

Cities of the first, second and third class 121 

commissioners to appraise and condemn property 121 334 

costs 123 337 

county high schools 123 338 

depositories for funds, cities of second and third class 123 339 

notice, report 122 335 

right of eminent domain 121 333 

title to land; appeal 122 336 

Cities of second class 138 

adjacent territory I39 330 



INDEX. 221 

Cities of second class : Po- Sec. 

board of education 141 386 

body corporate 140 383 

bonds issued to pay outstaijding warrants 147 410 

denominations; payment; signatures 147 411 

defined 138 378 

issue bonds 145 402 

public school in 138 

sale of bonds 147 412 

superintendent 143 395 

tax for interest and sinking-fund '. 148 413 

teachers 143 395 

territory detached by county superintendent 140 382 

Cities of third class 150 

become second class, when 140 381 

defined 150 417 

school area of 150 418 

shall be one district 150 418 

Cities: 

district annexed to 167 447 

entitled to school fund, when 165 458 

first class, constitute a school district 131 356 

first class, schools in 125 

receive proportion of school fund 165 458 

second class, schools in 138 

Clerk of board of education, cities of the first class 121 

bond of 128 349 

compensation 128 348 

duties 128 348 

estimate of text-books needed 201 559 

member of board ineligible 127 345 

oath 128 349 

register refunding bonds 9 19 

register state certificates and normal diplomas 25 61 

report registration of certificates to state superintendent 26 64 

Clerk of board of education, cities of the second class : 

bond 144 397 

compensation 142 389 

duties 142 392 

election 142 389 

estimate of text-books needed 201 559 

register bonds . 147 409 

registering refunding bonds 9 19 

Clerk: 

board of education j j^gQ ^yj 

county. (See County Clerk.) 

district, pro tern 78 215 

district, to notify county superintendent 58 138 

graded school district .■ 165 456 

joint district, report of 80 220 

register refunding bonds 9 19 

school district, duty 78 215 

School-fund Commissioners, appointment and duties 152 424 

township must register bonds 9 19 

Colleges: 

approval of 20 42 

course of study approved, when \ 22 53 

graduates entitled to credits 21 45 

Common branches, examination in 21 46 

Common-school fund: 

annual (see Annual school fund) 176 

commissioners 167 461 



222 INDEX. 

Common-school fund : Pg. See. 

perpetual vi 

religious sects shall not control vi 

( 204 568 

Commission, Text-book; penalty •< 206 575 

( 207 577 

Commission, text-books 196 548 

Commissioners, State School-fund 167 461 

Compensation : 

county treasurer, school-fund, none 79 217 

county superintendent 47 107 

member board education, none 129 351 

School-fund Commission 172 476 

state board ■ 19 40 

trustees county high school 65 166 

Complaints of trespass, school-lands, by whom made 191 527 

Complaint of trespass on school-land 190 526 

Compulsory education 35 86 

Compulsory attendance at school 35 86 

Compromised bonded indebtedness, refunding bonds for 8 17 

Condemning school sites 161 446 

Conductor and instructor of normal institutes, license for 115 316 

Consolidation of certain bonds 136 376 

Consolidated school districts 56 136-143 

annual meeting 58 141 

county superintendent notified 58 188 

how formed 56 136 

name 58 142 

permanent, how 56 136 

power of district board 58 143 

property of district 58 140 

record of boundaries , 58 139 

temporary, by county superintendent 56 134 

Constitution, educational provisions of v 

Contagious diseases, children infected not to attend 75 205 

Contents, table of iv 

Contract : 

teachers, shall be written 85 240 

text-books, terms of 202 562 

text- books, blank for ! 203 563 

teachers, when void 86 242 

violation of, text-book / 204 568 

Conveyance : 

how executed, city of second class 141 385 

property, city of second class 140 384 

pupils, consolidated district 57 137 

pupils, district schools 56 135 

Corporate body, every school district 156 434 

Corporation: 

schools, city of second class shall be 140 383 

school district shall be 156 434 

County attorney prosecute complaints of trespass on school-land 191 531 

County board of examiners 27 66 

chairman, county superintendent ehall be 27 66 

compensation 27 66 

composed, how 27 66 

examinations 28 67 

may hold special examinations 28 69 

qualifications 27 66 

quorum 28 67 

to forward manuscript to other counties 28 68 

to grade manuscripts from other counties 28 68 

to grade manuscripts from examinations in state schools 28 68 



INDEX. 223 

Pg. See. 

County certificate ; 27 

grade of 30 76 

indorsed in other counties 28 68 

issued only on examination 32 81 

second grade, to whom issued 32 79 

third grade, to whom issued '.. .. 32 79 

County clerk : 

abstract of school-land to state auditor 191 533 

certify to county superintendent valuation of each district. 44 103 

description of school district boundaries, by county superintendent. 46 105 

duty of 72 194 

duty, default in school-land sales 192 539 

file appraisement, school-land 175 490 

furnish sheriff's lists 192 539 

issue certificate of purchase of school-land 184 509 

notify commissioners of vacancy in office of county superintendent 48 111 

penalty, report to state auditor 193 542 

prosecution for failure to report land sales 186 516 

register refunding bonds 9 19 

register school-district bonds 3 4 

report sales of school-land, penalty 186 516 

report to state auditor 186 516 

tax levy certified to by district clerk 86 247 

taxpayers certified to by district clerk 78 212 

County commissioners: 
appeal to— 

division of property by county superintendent 163 449 

formation of and changing of districts 50 116 

appointment of county board of examiners 27 66 

appointment of county superintendent to fill vacancy 48 111 

appointment of high-school trustees 60 150 

levy for payment of merged district bonds 14 29 

may provide for county high school 65 166 

may employ teacher for county high school •. 66 169 

submit question of issuance of bonds 67 175 

tax levy on depopulated school districts \ ^ j™ 

tax levy for interest and sinking-fund, districts , 4 5 

tax levy for schools where districts fail to levy 75 208 

County high schools : 

admission of pupils 63 159 

at county-seat 65 166 

building 62 156 

bonds 67 174 

courses of study 66 167 

established by election, how 65 166 

free 66 170 

graduates admitted to state institutions 66 168 

tuition of pupils from other counties '. 66 172 

counties having less than 6000 inhabitants 65 166 

( 63 158 

courses of instruction < 66 167 

( 70 185 

election 60 149 

employ principal 63 157 

j 60 149 

establishment < 66 167 

( 66 171 

first trustees appointed 60 150 

free to pupils .' j ^3 159 

65 162 



graduates, privileges of , -I .- „ 

levy by trustees 67 153 



224 INDEX. 

County high schools : Pg- Sec. 

non-resident pupils 64 160 

officers, duties of -j go icg 

president 61 152 

pupils from other counties 66 172 

report of trustees 65 163 

result of election 60 150 

rules and regulations 65 161 

secretary 61 152 

taxes, collection of 62 154 

tax, how collected 67 173 

tax, levy 62 154 

teachers' employment, wages 66 169 

treasurer 61 152 

trustees 60 150 

trustees elected, when 61 151 

trustees, report of 65 163 

. trustees, compensation : 65 165 

tuition, from other counties 66 172 

vacancies, how filled , 65 164 

County examinations : 

fees for 29 70 

grades of certificates 30 76 

public 28 67 

uniform 29 71 

County-seat may have county high school 65 166 

County superintendent of public instruction 43 

administer oaths in certain cases 49 113 

agent of State Orphans' Home 59 147 

aggrieved persons, appeal to county commissioners 50 116 

aid to high schools, certificate of 69 183 

annexation of school districts 55 132 

annual report to state superintendent 46 106 

annual school fund of county, apportionment 45 104 

appeals to, by suspended pupil 87 245 

appoints to fill vacancy in district board .' 48 110 

apportionment of school funds 45 104 

attached territory 54 126 

bond of 43 102 

bonus to, forbidden f. 90 251 

certificate of to county clerk 69 183 

chairman of county board of examiners ., 27 66 

change district boundaries 49 115 

compensation 47 107 

consolidated districts \ eg jog 

county superintendent notified of organization of 58 138 

how formed 56 136 

name 58 142 

deputy may be appointed by, when 59 145 

detached territory, city of second class 140 382 

disorganization of depopulated districts 52 121 

division of districts annexed 55 133 

duty of, where territory is annexed to cities of first or second class 162 448 

duty on failure to provide for school in district 76 209 

employ a teacher, when 75 208 

enforce law where clerk fails to report tax levy -. 78 213 

examine clerk's report 49 112 

examination, special, may be held 28 69 

first meeting, notice of 54 127 

form districts 53 125 

furnish description of district boundaries to county clerk 49 115 

furnish map of districts to assessors 58 144 



INDEX. 225 

County superintendent of public instruction : Pg. Sec. 

general duties 49 113 

indorse certificates from other counties 33 82 

joint districts, jurisdiction over 63 159 

levy tax and provide school, when 75 208 

miscellaneous expenses 48 109 

neglect duty, penalty for 59 146 

oath and bond 43 108 

other duties 59 145 

organization of consolidated district, notified of 58 138 

partially depopulated districts 53 

bonded indebtedness 14 33 

county superintendent may disorganize 53 123 

defined 53 124 

disorganized only on petition 53 125 

disposition of funds 54 129 

disposition of property 55 130 

floating indebtedness 54 127 

may be refunded 14 33 

orders paid by county treasurer 54 128 

territory of disorganized district not liable 55 131 

territory of partially disorganized districts attached 54 126 

president trustees county high school 61 152 

prosecution for failure to provide school 76 209 

provide for a public school, when 75 208 

purchase records for school districts 49 114 

register Normal diplomas. 25 61 

register state certificates 25 61 

report registration of certificates to state superintendent 26 64 

require correct reports from district clerks 38 90 

report of institute fund 116 319 

record kept by 44 103 

report to district boards 44 103 

report to state superintendent 46 106 

salary of 47 107 

school-land shall not be purchased by 188 521 

seek places for Reform School pupils. . . : 151 419 

sign order on depopulated districts 54 128 

term of office 43 101 

traveling expenses 48 108 

union institutes held 116 322 

vacancy in office of, filled by county commissioners 48 110 

County treasurer: 

apply to state treasurer for moneys due county 176 495 

annual school fund paid to, by state treasurer 176 494 

annual school fund paid to district treasurer by .- 176 496 

bonds and coupons paid by 6 12 

county school fund 72 

county school fund, how constituted 72 193 

custodian of institute funds ; 116 318 

levy tax for refunding bonds, when 11 22 

make financial statement to district clerk 80 218 

make levy, when 12 25 

no compensation, common-school fund 73 197 

pay no money to district treasurer between June 30 and annual meeting 80 219 

pay orders, depopulated district 52 120 

pay orders, disorganized district. 54 128 

pay taxes levied under "Barnes law " .' 71 189 

pay warrants of county superintendent for purchase of records 49 114 

penalty for not paying out money 71 190 

prosecution, failure to pay proceeds of land sales 187 518 

purchase-money of school-lands turned over to state treasurer 187 518 



226 INDEX. 

Pg. Sec. 

County school fund 72 

apportionment 45 104 

composed, how 72 193 

county treasurer shall collect 72 193 

penalty for wrongful use of 72 198 

unclaimed moneys applied to 73 199 

Coupons, interest 12 

canceled by auditor of state 174 485 

( 5 7 

destroyed when paid •{ 128 348 

( 12 24 

notice of maturity of, sent by state treasurer 6 11 

paid and destroyed 12 24 

receivable for taxes 13 26 

treasurer shall pay promptly when due, city of second class 147 411 

Course of study, county high school 61 151 

Course of industrial training by state board 94 263 

( 63 158 

Courses of instruction, county high school \ 66 167 

( 70 185 

Course of study shall contain certain branches \ gg gg 

Course of study, public schools, by state board 19 40 

Courts. (See Juvenile Court.) 

Credit 178 

due other institutions '. 21 45 

refused, when 21 48 

Cruelty of teacher ground for dismissal 85 240 

Custodian, school fund 170 470 

Damages, county superintendent shall pay, for neglect 59 146 

Deaf, mute and blind must be instructed 39 92 

Debt of depopulated district, payment of 52 119 

Deed, school-land sold 185 514 

Definition of partially depopulated district 53 124 

Deficiency, board of education city of first class shall not create 132 364 

Depositories for school funds 123 339 

Deputy county superintendent .• 59 145 

Depopulated district : 

defined • 53 122 

disorganization by county superintendent 52 121 

payment debt of 52 119 

tax levy to pay indebtedness 52 11 9 

when considered depopulated 53 122 

Destruction of bonds and coupons when paid : 

cities of first class 133 368 

district 6 13 

refunding 12 24 

Destruction of property, penalty for ii 

Detaching territory 49 115 

Diploma : 

state, life, issued by State Board of Education 18 39 

State Normal School, shall be certificate to teach 24 59 

Director, duty of 78 213 

Director, school district 78 213 

countersign orders on county treasurer 82 229 

duties 78 213 

election • 77 210 

term ''7 210 

suspend pupil, when 87 245 

Disease, contagious, child affected with, shall not attend school 75 205 

Disbursement of normal institute fund 116 321 

Discontinue schools, when ■ 80 218 

Dismissal of teacher 85 240 

Disposition of funds, disorganized district 54 129 



INDEX. 227 

Pg. Sec. 

Disorganization and consolidation, how done 56 136 

Disorganized and consolidated districts, property of 58 140 

Disorganized territory not liable 55 131 

Disorganization of depopulated school district -. ro n 93 

Disorganization of districts, voluntary, attached to graded school 163 450 

Disorganized districts 52 

bonds of 14 33 

floating debt of 54 127 

funds, disposition of 58 139 

may be by county superintendent 52 121 

orders paid by county treasurer 54 128 

territory to be attached 54 126 

Display of flag 120 

Districts (see School Districts) 156 

District board 77 

allow use of schoolhouse by societies, etc 84 235 

appendages for schoolhouse, provided for by 86 244 

appoint librarian 114 314 

build the schoolhouse 83 233 

care of schoolhouse 83 234 

clerk of the board 78 215 

contracts void 86 242 

discontinue schools ; send children to other districts 84 238 

dismiss teacher, in conjunction ■with county superintendent 85 240 

employ qualified teachers 85 240 

emplojinent of relatives 86 241 

execute lawful orders of the district 83 233 

f 58 141 

1 CO 4^7 

meetings, annual, etc "^ 166 4f Oft 

I 166 459 

non-resident pupils admitted by 84 237 

penalty for refusing child admittance to school 74 204 

procure site 83 233 

provide for industrial department 127 346 

provide schoolhouse 83 233 

school duties 87 246 

send children to other districts 85 239 

special district meeting called by 158 438 

suspend pupil 87 245 

union school district 164 451 

visit and inspect school 87 246 

District, city of third class shall include 150 418 

District clerk: 

annual report 79 217 

clerk of the board 78 215 

draw orders on the treasurer 79 ■ 216 

, . ( 78 215 

d'lty •} 78 214 

election 77 210 

( 39 91 
} 79 217 

joint district, report children to both county superintendents 80 220 

librarian 114 314 

penalty for failure to report tax levy 81 223 

penalty for false report 80 221 

penalty for failure to deliver records 81 226 

register refunding bonds 9 19 

report commencement of school term 81 224 

report indebtedness to county clerk 81 2?5 

report to county clerk 80 222 

report of 79 217 

reports to county superintendent 49 112 



enumerator of district. 



228 INDEX. 

District clerk : Pg. Sec. 

report indebtedness of district 73 199 

report names of district officers to county superintendent 81 224 

report tax levy to county clerk -. 88 247 

report taxpayers to county clerk 80 222 

shall keep record 78 214 

treasurer of county to notify 80 218 

District: 

adjacent to graded school, attachment of 163 450 

composed of city of first class 131 356 

depopulated, when 48 111 

formed or changed 49 115 

ownership of text-books 202 560 

partially depopulated may be disorganized , 53 123 

purchase site, school-land 182 507 

taxes (see Tax Levy) 75 208 

taxes, levied and not collected 82 230 

District meetings: 

annual 158 437 

challengeat 159 441 

first, notice of 50 116 

length of school term may be fixed by 160 443 

notice of 159 439 

powers of 160 442 

qualified voters at 159 440 

special 158 438 

District officers 77 

directors 78 213 

forfeiture of office 78 21'? 

names of, reported by clerk to county superintendent 81 224 

oath of office 78 211 

penalty for refusing child admittance to school 74 204 

term of office and election 77 210 

District treasurer: 

bond 81 227 

duties 82 228 

failure to turn over money; penalty 83 232 

pay out money on order of clerk and director 82 228 

receive school money 82 229 

( go 229 

receive money -j j7g ^gg 

records and reports 83 231 

record money received and disbursed 83 231 

records delivered to successor ; penalty for failure ; 83 232 

report to annuallmeeting 84 237 

District school : 

branches taught ^I rj^ 201 

contagious diseases 75 205 

discontinuance 84 238 

free to children between the ages of five and twenty-one 74 203 

length of term 75 207 

school month '. 74 202 

tax levy, failure to make 75 208 

tax levy, duty of county superintendent 75 208 

term of school, failure to provide, duty of county superintendent 76 209 

tuition fee 75 206 

Division of property with new district 157 436 

Duties of county superintendent 44 103 

Duties and powers, board of education, city of first class 127 344 

Duties of state superintendent 154 423 

Duties of officers, county high school 62 155 

Educational provisions : 

act of admission vii 

organic act v 

state constitution v 



INDEX. 229 

Pg. Sec. 

Education, State Board (see State Board of Education) .' 18 39 

Election : 

board of education, cities of first class 126 342 

board of education, cities of second class 141 386 

bond 67 174 

bonds for county-hifth-school building 67 175 

bonds, cities of first class 132 365 

bonds, cities of second class 145 402 

bond, school district 2 2 

notices 2 2 

petition 1 1 

county high school -j p~ iz^ 

school-district officers 77 210 

take up merged-district bonds 14 81 

trustees county high school 61 151 

Enumerator, who is, in districts 39 91 

Estates, unclaimed, to permanent school fund 172 4' 7 

Estimate of text-books needed 201 5£ 9 

Examination questions, unlawful use of 29 73-75 

Examinations : 

at approved colleges 21 47 

college graduates, on common branches 21 46 

college graduates, on professional subjects 20 43 

county high schools 64 161 

cities of first class , 129 352 

cities of second class 143 395 

county 28 67 

fees for 29 70 

in other counties and at state institutions 28 68 

in districts employing ten or more teachers 33 85 

held on Friday and Saturday 28 67 

kindergarten teachers 108 298 

papers graded in other counties 28 68 

special 28 68 

state 18 39 

uniform 29 71 

Examiners : 

county board of ( see County Board of ) 27 66 

cities of first class (see Examining Committee) , . . 129 352 

cities of second class (see Examining "Commiittee) 143 395 

state board of (see State Board of Education) 18 39 

Examining conunittee : 

cities of first class 129 352 

cities of second class 143 395 

county high schools 64 161 

Exchange of bonds, by School-fund Commissioners 175 488 

Exchange of text-books 65 164 

Exemption from taxation, school -property 132 363 

Exemption from taxes, cities of first class 132 363 

Exemption from compulsory education 35 86 

Expenses, miscellaneous, county superintendent 48 109 

Expenses, traveling, county superintendent 48 108 

Expenditures : 

board of education, city of first class, limit of 131 361 

board of education, city of second class, contracts 144 400 

Failure to make levy for payment of refunding bonds 11 22 

Failure of district board to provide school 76 209 

Fees: 

clerk, school-land 188 522 

county examination 29 70 

none for registration of certificates 26 63 

sale of school-lands 188 522 

school-land appraisers 188 522 



230 INDEX. 

Pg. Sec. 

Females, no distinction between, and males in schools v 

Fines, how collected 142 393 

Fines, disposition of school-land ; trespass 191 532 

Fines and penalties (see penalties) 90 

( 36 87 

applied to common-school fund -{ 72 195 

( 73 200 

collection of 90 250 

judgments, failure to make levy for 88 248 

officers prohibited from taking contracts, doing work for profit, or furnishing 

material 90 252 

Final disposition of bonds 5 7 

Fire protection: 

doors of schoolhouses 92 253 

exits; fire-escapes 92 254 

fire-drills 93 258 

furnaces 92 255 

inspection; duty of school boards 92 257 

penalty , 93 259 

plans of buildings submitted to state architect 92 256 

First meeting, notice of 51 117 

First-grade certificate, qualifications for 31 78 

Flag day 120 331 

Flag, rules and regulations for display of 120 330 

Flag to be displayed 120 329 

Floating indebtedness of disorganized districts, how disposed of 54 127 

Floating indebtedness, city of second class, how bonded 147 409 

Forfeited : 

rights, school-lands 192 537 ■ 

Forfeiture: 

county superintendent, of ofiice, when 59 146 

district officer, of office, when 78 212 

school-land 192 537 

Form of bond for refunding bonded indebtedness, merged districts 13 28 

Forming and changing districts 49 115 

Forming and changing districts, legal restriction 49 115 

Fraternities, high-school 71 

board of education authorized to expel members of 71 192 

board of trustees authorized to expel members of 71 192 

expulsion for membership in 71 192 

unlawful for high-school students to belong to 71 191 

Free schools, city of second class 138 379 

( 63 159 

Free to pupils of county, county high school < 66 170 

( 70 185 

Free district schools 74 203 

Funds, disorganized district, disposition of 54 129 

Fund: 

normal institute, how constituted 115 817 

State School. Commissioners of _. 202 562 

state permanent school, investment of 168 465 

school, due cities, when 165 458 

Funding bonds to be stamped 175 489 

Governor : 

appoint members of State Board of Education .■ 18 39 

appoint members of State Text-book Commission 196 548 

metes and bounds, cities ^of second class, transmitted to ; 138 878 

proclamation of, book contract 200 657 

proclamation of, declaring city of second class 138 378 

select land for State University vii 

Government of school, deficiencies in, corrected by county superintendent 44 103 

Grades of county certificates 80 76 

Grades carried to professional certificates 30 77 

Grades of approved colleges accepted for state certificates ] 22 53 



INDEX. 231 

Graduates : ' Pg. Sec. 

approved colleges entitled to credits 22 53 

county high school, privileges of \ ^^ J^^ 

( DD loo 

Graded or union school districts : 

annual meeting, single district 166 4606 

annual meeting, when composed of two or more districts 166 460a 

apportionment of funds to 165 455 

board of directors 164 451 

board, duties of 165 452 

clerk, duties of 165 456 

^°™^«- Wtt il 

funds, how divided 165 453 

levy taxes 165 454 

purpose of 164 451 

single district may establish 166 459 

treasurer 165 457 

Graduation, county high school, college entrance 66 168 

Graduates : 

county high school, privileges of -| ^ J^^ 

( bb Ibo 

normal course 23 55 

other colleges, state certificate 22 53 

State University, state certificate 22 52 

Grand jury, especially charged, trespass on school-land 191 529 

High schools : 

cities of first class 127 344 

cities of second class 139 388 

county aid for \ ^^ ^'^^ 

■^ ^ gg ^gg 

county (see County High Schools) 60 

counties and cities exempt 70 186 

county superintendent to certify to county clerk 69 183 

course of study 69 183 

funds collected 69 181 

funds apportioned 69 183 

levy made 69 181 

maintenance of, by county 69 183 

principals reported 68 180 

tuition free 69 184 

when in force 70 187 

High-school fraternities 71 191 

boards of education authorized to expel members of 71 192 

boards of trustees authorized to expel members of 71 192 

expulsion for membership in 71 192 

unlawful for high-school pupils to belong to 71 191 

Hygiene : 

pupils instructed in, in all public schools 33 84 

teachers examined in 33 84 

Illegal bonds, penalty for issue 4 6 

Illegal use of proceeds of bonds for county-high-school building 68 177 

Immorality: 

certificate canceled for 33 83 

pupils suspended for, by district board 87 245 

teacher may be dismissed for 85 240 

Incorrigible pupils 37 88 

Incompetency as teacher: 

certificate canceled for 33 82 

dismissal for 85 240 

Indebtedness : 

board of education, city of first class, shall not create 130 354 

bonded, of disorganized districts 14 33 

compromised, refunding bonds for 8 17 

floating, disorganized district, how disposed of 54 127 



232 INDEX. 

Indebtedness : Pg. Sec. 

merged districts 14 32 

not increased beyond amount of refunding bonds 10 20 

refunded 7 15 

reported to county clerk 81 225 

Indorsement of bonds by auditor 169 469 

Indorsement of county certificates in other counties 33 82 

Industrial education 94 

appropriation for 95 266 

course of study .' 94 263 

department reported to state superintendent 94 264 

schoolroom for 94 268 

. state aid for 95 265 

tax for 94 261 

Industrial School pupils 158 

homes sought for 151 421 

not properly cared for 151 420 

visited by county superintendent 151 419 

Instalment bonds may be issued 11 23 

Institute, normal (see Normal Institute) 115 

Institute fund : 

created, how 115 317 

disbursements 116 321 

report by county superintendent 116 319 

state aid 116 320 

Instructor, normal institute 115 316 

Insurance company pays fifty dollars to school-fund 177 497 

Interest : 

bonds, cities of first class, when paid 134 369 

bonds, city of second class, when paid 145 405 

credit for 148 415 

deferred payments on school-lands, how applied 148 415 

evy for, city of first class. 133 367 

levy for, city of second class 145 404 

payment of, refunding bonds 10 21 

refunding bonds, levy for, in cities of first class 133 367 

refunding bonds, levy for 10 21 

school-district bonds 4 5 

Investment of proceeds, school-lands 187 519 

Investment of permanent school fund 168 465 

Joint districts: ' 

appeals to state superintendent in formation or alteration of 156 435 

changes in boundary, joint action of superintendents i 156 435 

formation of 156 435 

fund 157 436 

jurisdiction of county superintendent over 157 436 

report of children made to both county superintendents 80 220 

report of clerk 80 220 

Judgments, tax levy to pay 88 248 

Jurisdiction of justice of peace, limit 90 249 

Justice of peace : 

jurisdiction of 90 249 

limit of jurisdiction : 90 249 

procedure in trespass on school-lands 190 528 

report to county superintendent fines collected 72 195 

Juvenile court 96 

acts not repealed 105 287 

appeal to district court 101 278 

association or individual as guardian of child 100 274 

blanks furnished by State Board of Control 107 297 

blanks furnished by county commissioners 96 267 

care of child, parental 103 281 

city attorneys to aid probation officers 102 279 

commitment of child 99 273 



INDEX. 233 

Juvenile court: Po- Sec. 

commitment of child to care of a probation officer 100 275 

1 97 269 

compensation of probation officer ■) ^qq 294 

complaint 98 270 

constables 102 279 

continuance of hearing 99 272 

county attorneys to aid probation officers 102 279 

custody of child during suspension of sentence 104 284 

custody of child 99 272 

custody revoked by court 101 276 

dependent child 97 268 

detention home 105 288 

detention home, government." 105 289 

detention home, record of inmates 105 290 

delinquent child 97 268 

fees allowed probate judge 96 267 

fees, witness, allowed police and sheriff 107 296 

forfeiture of bond 104 285 

judgment in case of forfeiture of bond 104 286 

jurisdiction 97 268 

jurisdiction over child over sixteen 106 293 

jurisdiction over child under sixteen 101 277 

jurisdiction of juvenile court 106 295 

juvenile farm 105 288 

neglected child 97 268 

parents responsible for delinquent children 103 282 

penalties at the discretion of juvenile court 102 280 

police officers to report arrests of juveniles 102 279 

probation officer, appointment, duties and compensation 97 269 

probate judge the judge of the juvenile court 96 267 

report, annual, of judge of juvenile court 106 292 

responsibility for delinquent children .' 103 282 

summoning of custodian of child 98 271 

suspension of sentence 103 283 

tax levied for detention home oi" juvenile farm 106 291 

truant officer as probation officer 97 269 

Kindergartens 96 

examination for kindergarten teachers 96 267 

may be maintained in any school district 96 267 

qualifications for kindergarten teachers 96 267 

school districts may maintain kindergartens 96 267 

Kansas state traveling library 109 

Kansas Traveling Libraries Commission 109 299 

Lands (see School-lands) 178 

Laws, common school 153 428 

Leases : 

building for county high school 62 156 

schoolhouse site 83 233 

Legislature : 

establish common and high schools v 

make no distinction between sexes in schools v . . : 

Levy: 

"Barnes " high school Ill 303 

cities of first class Ill 304 

cities of second class 131 343 

county clerk, excessive levies 113 310 

county, for maintenance of high schools 69 183 

district schools 160 442 

general limitations 112 307 

high school Ill 302 

increasing the levy 112 309 

limit of, city of first class 199 354 

neglect or refusal to make 75 206 



234 INDEX. 

Levy : Pg. Sec. 

penalty, officers 113 311 

school districts Ill 306 

Library fund, how created 114 312 

Library fund not used for other purposes 114 313 

Libraries, school district 114 

district board shall purchase 114 313 

librarian 114 314 

rules and regulations 114 314 

tax levy for 114 312 

Library, Kansas state traveling 109 

books sent out from 109 299 

management of 109 299 

use of 109 299 

Limitation as to amount of bonds for county-high-school building 68 176 

Lincoln's birthday 120 331 

Males, no distinction between, and females, in school v 

Malicious destruction of property ii 

Manual training 94 

Manual training, taxed for 94 261 

Maps, globes, charts, approved of 207 576 

Maps of districts furnished assessor by county superintendent 58 144 

Maturity : 

bonds and coupons, notice of, sent by state treasurer 6 11 

bonds, duty of treasurer 6 11 

bonds may be paid before .- ] 5 „ 

Mayor : 

city of first class, election proclamation '. . . . 132 365 

city of second class, certify boundaries to governor 138 378 

city of second class, election proclamation 145 402 

May take up merged-district bonds .' 14 31 

Meetings : 

annual, union district 

board of education, cities of first class 131 359 

board of education, city of second class 144 398 

consolidated districts 58 141 

district, notice of , 159 439 

public, held by county superintendent in each school district 44 103 

school district 158 437 

School-fund Commissioners 167 462 

State Board of Education 19 40 

Text-book Commission j 997 570 

Text-book Commission, special 168 464 

Merged districts : 

bonds may be taken up 14 31 

form of refunding bonds 13 28 

law governing indebtedness 14 32 

refund bonded indebtedness 13 27 

refunding bonds may be taken up 14 31 

suits against 14 30 

Memorial day 120 331 

Mistakes in quantity of school-lands, credit for 184 510 

Month, school 74 202 

Moneys : 

due school fund, collection of 171 472 

from bonds, use, city of first class 136 376 

from refunding bonds, penalty for wrong use 12 25 

paid district treasurer 176 496 

payment of, county school fund 72 195 

school-land, paid over by county treasurer 87 245 

unclaimed, to common-school fund 73 199 

Municipal bonds, sale of, to School-fund Commissioners 171 478 



166 4606 
166 460o 



INDEX. 235 

Pg. Sec. 

Name and number, union consolidated school district 58 142 

Neg-lect : 

county superintendent, to perform duty, penalty 59 146 

district officer, to deliver books to successor 81 226 

district officer, to qualify 78 212 

district officer, to report tax levy 81 223 

officer, to levy tax, shall be made succeeding year 82 230 

teacher may be dismissed for 85 240 

Non-resident pupils : 

admitted by district board 84 237 

admitted to county high school 65 166 

Non-renewable state certificate 23 55 

Normal institutes 115 

conductor and instructors 94 261 

county superintendent shall attend 44 103 

custodian of funds 116 318 

disbursements 116 321 

each county 115 315 

fund, how constituted 115 317 

held annually 115 815 

monthly reports of funds 116 319 

state aid 116 320 

union, may be held, when 116 322 

Normal training : 

academies eligible 119 327 

appropriation 119 328 

courses in high schools 118 323 

examination ; certificates 119 826 

rules by State Board of Education 118 325 

state aid 118 324 

Notes on requirements of state board 26 65 

Notice : 

annual meeting, school district 159 439 

appeal from decision of county superintendent to county commissioners 50 116 

appeal to state superintendent, in case of joint district 161 444 

county-high-school election 60 149 

district bond election 2 2 

first district meeting 51 117 

maturity of bonds and coupons 6 11 

meetings of School-fund Commissioners 167 462 

sale of school-land 182 506 

special school meeting 159 439 

Oath: 

administered by certain officers; warrants 211 588 

administered by county superintendent in certain cases 49 113 

administered by chairman of district meeting 78 211 

and bond of county superintendent 43 102 

district officers 78 211 

members of Text-book Commission 203 567 

members of board, city of second class 148 415 

state superintendent 152 422 

Occupy, unlawful, school-lands 192 538 

Office, state superintendent, where. 154 430 

Officers : 

board of education, cities of first class 127 345 

board of education, cities of second class 138 389 

board of trustees, county high school 61 152 

county high school, duty of 62 155 

district, election and term 77 210 

official acts, validity of 149 416 

official opinion of state superintendent, to whom and when given 153 427 

official reports preserved by state superintendent 154 430 

union or graded school district 164 451 



236 . INDEX. 

Orders: ^ Pg. See. 

depopulated district to be paid 52 120 

disorganized districts, how paid 54 128 

drawn by clerk ^ 79 216 

drawn, how and to whom 78 212 

permanent school fund, drawn when i53 426 

record kept by clerk 211 590 

state treasurer by state superintendent 153 426 

Orders, school district : 

sig-ned and attested 211 ' 589 

sworn to 211 588 

Organic act, educational provisions of v 

Organization : 

board, city of first class 127 345 

board, city of second class 142 389 

school district 156 433 

Other duties, county superintendent 59 145 

Other institutions entitled to credits 21 45 

Other state certificates recognized 21 49 

Ownership, district, of text-books 202 560 

Parents and guardians, liability of 35 86 

Parents and guardians, liability of, to educate blind, deaf and mute children 40 93 

Partially depopulated districts 53 123 

Partially depopulated districts defined 53 124 

Patent for school-land, issued when 185 514 

Patriotic instruction : 

display of flag 120 329 

duty of state superintendent 120 331 

rules and regulations 120 330 

patriotic exercises 120 332 

Payable at state treasury, principal and interest 6 10 

Payment : 

bonds before maturity 6 9 

merged-district refunding bonds 14 29 

school-land, how made 191 535 

school-land, extension of time 183 508 

school-lands, terms of 183 508 

Penalties and fines 90 

Penalty: 

board of education, cities of the first class creating indebtedness 130 354 

canvassing for business colleges without a permit 17 37 

collected, support of common schools 73 200 

condemning school sites ' 161 446 

county clerk failing to report sale of school-land 191 533 

county superintendent, neglect of duty 59 146 

county treasurer failing to make tax levy for refunding bonds 11 22 

county treasurer, for wrongful use of school money 72 193 

county treasurer not paying out money 71 190 

district board, wrongful issue of bonds 4 6 

examination questions used unlawfully 29 73 

failure of district officer to deliver records to successor 81 226 

failure, county clerk, to report school-land sales 191 533 

failure to pay over moneys 73 198 

failure of district treasurer to turn over money 83 232 

failure to levy bond tax, cities of the first class 75 207 

failure to offer bonds to School-fund Commissioners 5 note 

failure to provide fire protection 93 259 

failure to report tax levy, district clerk 81 223 

false report of clerk to superintendent 80 221 

neglect of county superintendent 54 129 

officer failing to make tax levy for refunding bonds 10 21 

receiving bonus from publisher 90 251 

refusing child admission to schools 74 204 

refusing to send child to school 36 87 



INDEX. 237 

Penalty : Pg- Sec. 

refusal of treasurer to indorse or cancel bonds 174 487 

sale of unapproved apparatus 206 575 

school officers taking contracts, etc 90 252 

selling or giving- away cigarettes or tobacco 208 581 

swearing falsely regarding school-land 182 505 

signing warrants not properly issued 213 596 

treasurer failing to remit money to state treasurer 6 14 

unlawful occupancy, school-land 192 538 

use of unadopted books 204 568 

violation of contract price 207 578 

violation of law requiring education of deaf, mute and blind children 40 93 

violation of tax law 113 311 

wrong use of proceeds of refunding bonds 12 25 

Permanent school fund : 

commissioners (see School-fund Commissioners) 131 356 

composed, how v 

investment of 168 465 

orders on, drawn by School-fund Commissioners 164 . 364 

record of condition kept by commissioners 169 467 

shall not be diminished v 

state treasurer custodian of 170 470 

unclaimed estates added to vi 

Petition : 

appraisement of school-land 178 499 

district bond election 1 1 

election, county high school j 55 Ji? 

special district meeting 153 428 

when essential to disorganize partially depopulated districts 53 125 

Physiology and hygiene, examination in 33 84 

Physiology and hygiene, pupils instructed in 33 84 

Powers of district meeting 160 442 

Powers and duties, board of education, city of the first class 127 344 

Powers of board, city of second class 141 388 

President of board, city of first class 128 346 

President of board, city of second class 141 390 

Prices, additional texts 205 572 

1 197 ^^o 

Prices, maximum, text-books r -j irtc ino 

Principal: 

county high school employed. 63 157 

rules for county high school adopted by 64 161 

Privileges; graduation, county high school -j „e ipo 

Probate court : 

proceedings regarding school-land 180 501 

proof of settlement, school-land 180 501 

Procedure of justice's court, school-land trespass 190 528 

Proceeds of sale, unclaimed estate .' 173 479 

Proclamation of governor, book contract 200 557 

Professional certificate : 

qualifications for 30 77 

renewal of 30 77" 

to whom issued 30 77 

Property : 

conveyance of, city of second class 140 384 

destruction of. penalty ii 

disorganized district 55 130 

district, care of district board 83 234 

districts consolidated 51 117 

division of, new district 157 436 

sale of, city of first class 131 358 

school, may be sold .....' 160 • 442 

Proof of settlement, probate court 180 501 



238 INDEX. 

Prosecution : Pg. Sec. 

bond of district treasurer, whose duty 81 227 

county superintendent, for failure to provide school 76 209 

county treasurer, for failure to remit to state treasurer 191 536 

district treasurer, for failure to turn over money 83 232 

parent or guardian, for failure to send child to school 34 86 

Public examination in county 28 67 

Publication of notice of bond election 67 175 

Publication of school laws and blanks 153 428 

Public schools : 

cities of first class 125 

cities of second class 138 

cities of third class 150 

Public schools in cities of first, second and third class : 

condemning school sites 121 

commissioners to appraise property 121 334 

costs of condemnation proceedings 123 337 

notice; report 122 385 

right of eminent domain 121 333 

title to land ; appeal , 122 336 

trustrees of county high schools may condemn property 123 338 

depositories for funds, cities of second and third class 123 339 

Pupils : 

appeal of, to county superintendent, on suspension 87 245 

conveyanceof ] | 123 

exempt from truancy law 34 86 

from Reform School, when not well cared, for , 151 420 

in asylums to be educated 40 94 

incorrigible, habitual truants 37 88 

non-resident, admitted by district board 142 392 

non-resident, admitted to county high school 64 160 

suspension of, by district board 87 245 

suspension of, from county high school : 64 161 

sent to other districts, when < 22 ^22 

Purchase : 

records 49 114 

school-land, unlawful for county superintendent 188 521 

school-land, certificate of 184 509 

Qualified voter of district meeting 159 440 

Qualifications of county superintendent 43 100 

Qualifications for kindergarten teachers 108 298 

Quarterly report of county superintendent '. 44 103 

Questions : 

county examination, forwarded 29 72 

sealed until examination 29 72 

Quorum, School-fund Commissioners 169 466 

Real estate, sale of unclaimed estate 173 478 

Recognition of certificates from other states •. 21 49 

Records : 

apportionment of school-fund kept by county superintendent 44 103 

boundaries of consolidated districts 58 139 

condition of permanent school fund kept by commissioners 169 467 

district officers deliver to successors 81 226 

district treasurer 83 231 

permanent school-fund, where kept 169 468 

proceedings, purchase funding bonds 175 490 

school district, purchased by county superintendent 49 114 

School-fund Commissioners, bonds 168 464 

state superintendent's office, as evidence 154 431 

Refunding bonds : 

cities of first class 135 372 

issuance, manner of .* 135 372 



INDEX. 239 

Refunding bonds: Po- Sec. 

registration by board of education 135 373 

tax levy 135 374 

canceled, how 9 19 

coupons paid and destroyed 12 24 

compromised indebtedness 8 17 

disorganized districts 14 33 

indebtedness shall not be increased by 10 20 

interest levy 10 21 

issued, ho'w and when 8 17 

registration 9 19 

signed, by whom 7 16 

sinking-fund, levy for 11 23 

what indebtedness may be refunded 7 15 

Refunding indebtedness of merged districts 13 27 

Refusal of credit, when, colleges 21 48 

Registry of bonds : 

city first class, refunding 135 373 

consolidated 174 481 

Registration : 

bonds, cities of first class 135 371 

bonds, cities of second class 147 409 

bonds, purchased by commissioners 174 483 

bonds, refunding 9 19 

■ bonds. School-fund Commissioners 174 482 

bonds, school district 3 4 

warrants 212 593 

Registration of state certificates and normal diplomas 25 60 

does not revive lapsed certificate 26 65 

must be reported to state superintendent 26 64 

no charge for 26 63 

unlawful to pay salarylif not registered 25 62 

Relatives, employment of 86 241 

Removal of schooUiouse from settler's claim 84 236 

I 22 54 

Renewal of three-year state certificate ■( 20 44 

(22 52 

Renewable state certificate "( 22 53 

I 24 57 
Reports : 

auditor of state, regarding school-lands 127 343 

board of education, cities of first class, annual 131 360 

board of education, cities of second class, annual 144 399 

clerk, city of first class 128 348 

commencement of school term 81 224 

county clerk, of school-land leases 131 360 

county school fund, by county clerk 72 194 

county superintendent, annual 46 106 

district clerk 79 217 

district clerk, ahnual 78 214 

district clerk, names of district officers 81 224 

district clerk, names of taxpayers, to county clerk 80 222 

district clerk, tax levy 88 247 

district treasurer 83 231 

indebtedness, by clerk, of municipal corporation 81 225 

industrial education 94 264 

institute fund, monthly 116 319 

joint-district clerk, annual 80 220 

justice of the peace, fines collected ' 72 195 

sales of school-land 154 432 

sales, school-land ; penalty 191 533 

state superintendent, biennial 154 432 

teacher, to district clerk 86 243 

truancy, from teacher 38 90 

trustees, county high school 65 316 



Pg. Sec. 
22 51 



240 INDEX. 



Revocation of certificates -< 33 82 

( 33 83 

Requirements of State University for state certificate 22 52 

Rooms provided for industrial training 127 345 

Rules and regulations : 

board of education, cities of first class 127 344 

board of education, cities of second class 141 388 

county high school 64 161 

school-district libraries 114 314 

Salary : 

board of examiners, county 27 66 

clerk board of education, cities of first class 128 348 

clerk board of education, cities of second class 142 389 

county superintendent , 47 107 

superintendent of schools, cities of first class 128 348 

superintendent of schools, cities of second class 143 395 

treasurer board of education, cities of first class 65 165 

Sale: 

bonds to School-fund Commissioners 171 473 

schoolhouse site and other property 83 233 

school-land 82 229 

school-lands, notice of 84 237 

school-land, report of county clerk to state auditor 191 533 

school property in cities of first class 131 358 

unclaimed estates 173 478 

School board. (See District Board.) 

School census, requirements 39 91 

School district 156 

annexation to city 162 447 

boundaries, description of, to county clerk 46 105 

bonds 1 1 

bond election 2 2 

bonds, registration of 3 4 

changing, by county superintendent 49 115 

cities of first class shall be 131 356 

depopulated, may be disorganized 52 121 

employing ten or more teachers, examinations in 33 85 

formation, by county superintendent 49 115 

joint (see Joint District) 145 404 

libraries 114 

meetings (see District Meetings) 158 437 

organized, when .• 156 433 

purchase school-land for site 182 507 

salary, unlawful to pay if state certificates are not registered 25 62 

shall be body corporate 156 434 

union or graded school ( see Graded-school District) 164 451 

voluntary disorganization of 163 450 

School fund : 

annual (see State Annual School Fund) 176 

apportionment of 153 425 

apportionment of, by county superintendent 45 104 

county (see County School Fund ) 72 

permanent ( see State Permanent School Fund ) v 

religious sect shall not control vi 

union or graded districts „ . 165 453 

University ( see University Fund ) vi 

School-fund Commissioners .• 167 

act in person only 167 461 

bonds purchased by, shall be registered 174 483 

bonds may be consolidated 173 480 

bonds, consolidated, must be registered ; 174 481 

bonds shall be offered to 171 473 



INDEX. 241 

School-fund commissioners: Pg- Sec. 

collect moneys 171 472 

composed, how 167 461 

compensation 172 476 

draw orders on the state treasurer 169 469 

funding bonds purchased by ■. 175 488 

investment of funds 168 465 

meetings 167 462 

organization 167 461 

office of 169 468 

purchase below par 172 474 

quorum 169 466 

record of condition of school fund kept by 169 467 

records of meetings 167 463 

record must be signed 167 463 

records of funds Iti9 467 

records in office of secretary 1 69 468 

records open to public 169 468 

record of bonds offered l^ 8 464 

record of bonds bought 168 464 

school-land, proceeds of, invested by 187 519 

Schoolhouse : 

appraisement of, change of site 161 445 

cared for by district board 83 234 

condition reported to board by county superintendent 44 103 

removal, settler's claim 84 236 

sell, build, hire or purchase 83 233 

use of, may be allowed by board 84 235 

Schoolhouse site : 

change of 161 444 

condemnation of 161 446 

purchase or lease of, by district board 83 233 

sale of 83 233 

selection of 160 442 

size 160 442 

tax levy for 160 442 

Schools discontinued, when 84 238 

more than one in a district 56 134 

School laws, publication of 153 428- 

School-lands 178 

abstract transmitted to auditor by county clerk 186 516 

appraisement ■ 178 499- 

appraisement filed by county clerk 179 500 

appraisers' appointment filed by county clerk 179 500' 

appraisers cannot purchase 188 521 

brought into market, when 178 499' 

certificate of purchase issued by county clerk 184 509' 

certificate of settlement 181 503 

contesting claimants IHl 504 

county clerks to send abstracts to state auditor. 186 516 

county clerk and sheriff, list of . 192 539 

county superintendent cannot purchase 188 521 

county treasurer, duties of 187 518 

credits on contract of sale . . 184 510 

credits for payments 184 512 

defective sales legalized 185 515 

extension of time of payment ... 183 608 

fees '. 188 522 

forfeited rights 192 537 

forfeiture, conditions of 1 87 520 

forfeiture, action to recover, when 195 5 6 

forfeiture, certain entries evidence of 194 543 

forfeiture, defaulted payments sufficient notice of i 95 545 

-9 



242 . INDEX. 

School-lands : Pg. Sec. 

forfeiture, legal notice of 194 544 

forfeiture, to be liberally construed 195 547 

interest on deferred payments, how applied 184 511 

may be sold 178 498 

notice of sale 182 506 

patent issued, when 185 514 

payments, failure to make ' 187 520 

payment for, how made \ J?^ 5^ 

payment for, terms of 183 508 

payments on, credited to purchaser 184 512. 

proceeds of sale, investment of 187 519 

proceeds of sales paid by county treasurers to state treasurer 187 518 

proof of settlement before probate judire 180 502 

report of auditor 189 524 

report of sales 191 533 

retroactive, chapter 218, Laws of 1909, not to be 189 523 

right to purchase 181 508 

sale of appraised land 182 506 

sale must be authorized by vote vi 

school district may purchase 182 507 

set apart by act of admission , vii 

settler's rights 179 501 

sold, how 179 501 

state auditor, duties of ■. 187 517 

state auditor's report of 191 534 

subject to revaluation every five years vi 

swearing falsely regarding penalty 182 505 

taxation of after sale of 185 513 

trespass, fines, disposition of •. 191 532 

trespass upon 190 526 

trespass, complaint of 190 527 

( 190 528 

trespass, prosecution for < 191 529 

(191 531 

unlawful purchase 188 521 

unlawful to occupy school-land 192 538 

School month 74 202 

School property, care of, district board 83 234 

School term : 

commencement of, reported by district clerk 81 224 

five months, must be held, when 75 207 

length of, determined by district meeting ' 160 443 

School text- books 196 

School Text-book Commission 196 548 

Second-grade certificate, to whom issued 32 79 

Security of bonds, city first class 135 370 

Security for bonds, city of second class 147 408 

Sectarian doctrine, city of second class 144 401 

Sectarian doctrine, city of first class 131 362 

Secretary, Text-book Commission 199 554 

Send children to other districts, pay tuition 85 239 

Settler may purchase land, when 181 503 

Sheriff: 

collect rental from persons occupying school-land 192 538 

fees 188 522 

f urni=,hed lists of land. , 1 92 539 

Sinking-fund: 

investment of, for school district 4 5 

may be included in coupons 11 23 

paymt nt of refunding bonds and interest 10 ,21 

refunding bonds, levy, investment 11 23 

tax levy for, in cities of first class 133 367 



INDEX. 243 

Sinking-fund ; Pa- See. 

tax levy for, in cities of second class 145 404 

tax levy for, in school districts , 4 5 

use of, in cities of first class 133 368 

use of, in cities of second class 146 406 

Single district may be union or graded-school district 166 459 

Site: 

change of 161 444 

condemned, when 161 446 

located, how 16D 442 

purchased from school-land 182 £07 

Site and buildings for county high school 62 156 

Special school meeting: 

called, how 158 437 

county superintendent may call, when 158 438 

notice of ■ 159 439 

Text-book Commission 203 565 

State Board of Education : 

adopt rules for the examination of kindergarten teachers 108 298 

applicants for certificates examined by 19 40 

certificates canceled by. j 33 gg 

certificates of other states recognized 21 49 

certificates renewed by 22 54 

certificates, state, issued by 18 39 

certificates void, w^hen 21 58 

composed, how^ ' 18 39 

course of study for public schools prepared by 19 40 

credit may be refused by 21 48 

diplomas to teach for life, issued by 18 39 

examination in common branches 21 45 

examination at approved institutions 21 47 

expenses of, paid by state 19 40 

furnish questions for the examination of kindergarten teachers 108 298 

grades on academic subjects accepted by, from certain colleges 20 42 

graduates of normal courses 23 55 

graduates of other colleges 22 53 

graduates of State University 22 52 

graduates of approved colleges examined by, on professional subjects 20 43 

institutions entitled to credits 21 45 

meetings 19 40 

prescribe course for industrial training: 94 263 

questions for county examinations prepared by 29 71 

state certificates not revived by registration 26 65 

State certificate : 

additional 18 39 

by approval of college 20 42 

, J V, ' ) 22 51 

canceled, when 'l 33 gg 

comments on requirements of board 26 65 

examination in professional subjects 20 43 

graduates from State University 22 52 

issued by State Normal School 23 56 

issued, to whom 20 44 

non-renewable, three years 23 55 

registration of 25 60 

f 20 44 

J 22 54 

renewable, three years 1 24 57 

I 22 51 

revoked 33 83 

void, when 21 50 

State Normal School : 

certificates granted after attendance of twenty-two weeks 24 59 

certificate issued by 2:5 56 

county examination at '"^ 68 



244 INDEX. 

State Normal School : Pg. Sec. 

county-high-school graduates admitted to 66 168 

diploma from, certificate to teach 24 59 

diploma must be registered 25 60 

diplomas not valid unless registered 25 60 

not revived by registration 26 65 

president member of State Board of Education 18 39 

renewal of 24 57 

signed and registered by state superintendent 24 58 

State aid for industrial training 138 379 

State aid to normal institute 116 320 

State examination, at approved colleges 21 47 

State constitution, educational provisions of v, vi, vii 

State treasurer : 

annual school fund paid to county treasurers by 161 444 

bonds or coupons paid, canceled by 6 13 

bonds belonging to school fund payable at office of 6 10 

custodian of annual school fund 170 470 

custodian of permanent. Normal, University and Agricultural College funds 170 470 

money to pay bonds and coupons remitted to 6 12 

notice of maturity of bonds and coupons sent by 6 11 

produce bonds and coupons for comparison with auditor's register 174 486 

purchase-money of school-land turned over to, by county treasurers 187 518 

record of school funds 171 471 

resister orders drawn by School-fund Commissioners 169 469 

report to state superintendent amount of funds 171 471 

report to state superintendent amount of annual school fund 176 493 

statement to auditor of amount collected on bonds 174 484 

separate account kept by 171 471 

State superintendent of public instruction 152 

appeal to, in case of joint district 156 435 

apportionment of annual school fund 153 425 

assistant and clerk appointed by 152 424 

attorney-general shall advise 153 427 

blanks published and forwarded to county superintendent by 153 428 

bond 152 422 

bonus forbidden 90 251 

certify copies of papers 154 431 

deliver report to governor 154 432 

draw order on state treasurer 153 426 

duties, general / 152 423 

examination questions printed and forwarded by 29 71 

examination questions for special examination ._ 28 69 

rriember State Board of Education 18 89 

58 
66 

oath, official 152 422 

oflSce in the capitol 154 430 

opinions, oflficial 153 427 

prepare a flag salute 120 331 

provide for observance of certain holidays 120 331 

provide for patriotic exercises 120 332 

quarterly statement published of several funds 169 467 

records of School-fund Commissioners kept by 169 468 

report, biennial 154 432 

reports, official, preserved 154 430 

school laws, publication of 158 438 

secretary Board of School-fund Commissioners 159 441 

supervise educational interests 152 423 

visit each county in the state once in two years 159 439 

State not liable, book contracts 200 556 

State permanent school fund, investment of. 203 565 

State University : 

chancellor member of State Board of Education 18 39 



J 24 
27 



INDEX. 245 

^tate University : Pg. Sec. 

county examination, at 28 68 

county-higrh-school grraduates admitted to 64 161 

erraduates entitled to credits for state certificates 22 52 

"Suspension of pupil : 

county high school 64 161 

district board 87 245 

may appeal 87 245 

■•Superintendent schools : 

city of first class 128 348 

city of second class 243 395 

Suits against merged districts 14 30 

Table of contents 4 

'Tax levy: 

Barnes high school j ^^ 1|^ 

certified to county clerk 88 247 

cities of first class 130 354 

cities of second class 143 396 

county high school 62 153 

county superintendent make, when 75 208 

depopulated school district 52 119 

district annexed to city 162 448 

failure to make, shall be made succeeding year 75 208 

graded-school district 165 454 

industrial training 94 261 

interest and sinking-fund, cities of first class 133 367 

interest and sinking-fund, school districts 4 5 

interest and sinking-fund, city of second class 145 404 

library, school district 114 312 

payment of refunding bonds and interest 10 21 

penalty for failure to make, in cities of first class 136 375 

penalty for failure to make, for refunding bonds 11 22 

refunding bonds 11 23 

refunding bonds and interest, cities of first class 135 374 

reported by district clerk; penalty for failure 81 223 

school districts 160 442 

school-district libraries 114 312 

"Taxation: 

attached territory, city of second class 140 381 

school- land subject to 185 513 

school property exempt 132 363 

Taxable property, city of second class 144 397 

Taxes : 

county high school, how collected 67 173 

district, levied and not collected 82 230 

paid by coupons 13 26 

paid, how, city of first class 131 355 

"Teachers : 

cities of first class 129 352 

cities of second class ; 143 395 

contracts shall be written 85 240 

contracts void 86 242 

county high school 63 157 

dismissal by board and county superintendent 85 240 

district board shall hire ^ 85 240 

industrial training -J ^ j^^ 

industrial training, certificates for 94 263 

records and reports \ f° „^ 

( OD 64o 

register of, kept by county superintendent 43 102 

relatives, employment of 86 241 

j-eports under truancy law - 38 90 



246 INDEX. 

Teachers : Pg- Sec^ 

wages of last month not to be paid until report is made j o« „^ 

wages shall be specified in contract 85 240 

Teachers' associations : 

county superintendent encourage formation of 43 102" 

county superintendent shall attend 4S 102 

Temporary certificates 32 80 

Term of office : 

county superintendent 43 101 

School Text-book Commission 196 549- 

Term of school : 

determined by district meeting 160 443 

length of, district school 75 207 

length of, city of first class ■. 130 854 

Territory : 

attached for school purposes, city second class 139 380 

annexed to city of first or second class 162 447 

appeal in case of attached territory : . . . 163 449' 

detached by county superintendent, city second class 140 382 

disorganized, not liable 55 131 

Terms of contract, text-books 202 562 

Terms of payment, school-land 188 508- 

Text-book Commission : 

appropriation for 204 570' 

meetings of 197 550 

oath of 203 567 

special meetings 203 565- 

terms of contract 202 562 

unapproved, penalty for use 204 568 

Text-books : 

bids , . . . . 203 564 

advertised for 206 573 

form and conditions of j 20fi 573. 

books — 

additional texts 205 571 

adopted, names of 205 571 

bids for 197 552 

bids opened 198 553 

estimate of number needed 201 55& 

district ownership of , 202 560 

manuscripts may be purchased < 200 555 

meetings of 197 550 

, . (197 552 

price of, maxmium ■. ■) nnk 572 

recommended by state superintendent 154 429 

reference, may be used 202 562 

, , . (201 558 

sale of ; agencies -1 -^^ ggj 

selected, county superintendent notified of 200 557 

standard of merit ; . . . 205 571 

terms of contract 202 562 

Commission — 

members of, shall take oath 203 567 

penalty for violation of law 204 569 

salary of members 196 548 

state superintendent chairman of 196 548 

secretary 199 554 

term of office of members 196 549 

vacancy in, filled by appointment 203 566 

contracts — 

blanks for, furnished by attorney-general 203 563 

duration of, and terms 202 562 

state not liable 200 556 

violation of 202 560 



INDEX. 247 

Text-books: Pg. See. 

dealer arrangred with 201 558 

maps, globes, charts and other apparatus 207 576 

nenaltv i 206 575 

unlawful to purchase 207 576 

unlawful to sell '. 206 574 

meetings of commission — 

length of 207 578 

proceedings published 199 554 

special 203 565 

secret I99 554 

Three-year state certificate : 

non-renewable, requirements for 23 55 

/ 20 44 

renewable < xi ™ 



^22 53 



23 56 

renewal of 22 54 

Third-grade certificates, qualifications for 32 79 

Tobacco and cigarettes : 

penalty for selling or giving away cigarettes or tobacco 208 581 

penalty for smoking, using or furnishing cigarettes or tobacco 208 580 

unlawful to sell or give away cigarettes or cigarette papers 208 579 

Township clerk must register refunding bonds 9 19 

Transporting scholars, consolidated districts 53 125 

Traveling expenses, county superintendent 48 108 

Traveling library, management of 109 299 

Treasurer : 

board of education, cities of first class 129 350 

board of education, cities of second class 148 415 

board, city of second class, bond, report 142 394 

bond, general duties -. 148 415 

county high school 61 152 

county to pay district treasurer 176 495 

counties to pay money, land income 187 518 

district, bond of 81 227 

district, paid no money, when 80 219 

district to receive money 176 496 

money to pay bonds and coupons to be remitted by. '. 6 12 

penalty for failure to remit money 6 14 

payment of warrants and orders 212 592 

publish list of warrants 212 594 

register orders or warrants 211 590 

school district (see District Treasurer) 81 227 

warrant register delivered to successor 213 595 

Trespass c«i school-lands : 

complaint. . . S 190 527 

■ M90 530 

duty county attorney 191 531 

fines collected applied to school fund 191 532 

grand jury specially charged regarding 190 529 

penalty 190 526 

procedure in court 190 528 

■ Trustees county high school : 

appointment 60 150 

building for high school leased by 60 150 

compensation 62 156 

election 65 165 

elected, how 60 150 

officers 61 152 

■ Truant officer : 

appointment of, duties. -j |^ 87 

compensation 38 89 

duty to blind, deaf, mute 39 92 

number 36 87 



248 INDEX. 

Pg. Sec. 

Truants, habitual 37 gg.. 

Truancy, habitual, must be reported 35 86 

Truancy law ( see Compulsory Education ) 35 86. 

Trustees, county high school : 

appointment . , 60 ISO- 
building for high school leased by 62 156 

compensation 65 165- 

election 61 151 

election, how 60 150 

officers 61 152 

principal of high school employed by 63 15T 

report, annual. , .' 65 163 

vacancies filled by county commissioners 65 164 

Tuition : 

city of second class, high school 141 388 

county high school 63 159 

district board may assess, when 75 206 

paid by district, in high schools 66 172 

Unclaimed estates 172 477 

proceeds of sale 173 479" 

sale of land 173 478 

Unclaimed moneys, use of 73 199' 

Union institutes 116 322 

Union or graded-school district 164 

apportionment of funds 165 455 

board, duty of , 165 452:: 

clerk of 165 456 

composed of a single district, annual meeting 166 4606- 

composed of two or more districts, annual meeting 166 460o 

formed, how 164 451 

officers 164 451 

shares in school fund 165 453- 

Uniform system of examinations 29 71 

Uniformity, school text-books 196 

Use of schoolhouse, authority district board 84 235 ■ 

Use of sinking-fund, cities of first class 133 368 

Use of money collected to pay refunding bonds, penalty 12 25 

Use of sinking-fund, cities of second class 146 406 

University fund : / 

constitutional provision vi 

investment by School-fund Commissioners 168 465- 

record of condition kept by state superintendent 169 468 

religious sect shall not control vi 

state treasurer custodian of 170 470 

Vacancies : 

board of education, cities of first class 127 343 

board of education, cities of second class 131 359 ■ 

county superintendent's office 48 111 

district board, how filled 48 110 

examining committee, city of first class 130 353 

Text-book Commission 203 566 ■ 

trustees, county high school 65 164 

Validity of official acts, cities of second class 149 416 

Vice-president, board, city of first class 128 347 

Vice-president, board, city of second class 142 391 

Visit each county, state superintendent 154 429 • 

Visit, duty of district board 87 246 

Violation of contract, text-books 165 455 

Voters at district meetings : 

challenge 159 441 

qualifications 159 440 

qualified, who are 159 440 . 



INDEX. 249 

Pg. Sec. 

Void, state certificates, when \ 95 gn 

Warrants : 

countersigned by treasurer , 212 691 

drawn how, and to whom ■. 211 587 

indorsement by treasurer 212 593 

payment by treasurer 212 592 

payment in proper order 212 592 

publication of lists 212 594 

record kept by clerk 211 590 

record delivered to successor 213 595 

signed and attested 211 589 

sworn to 211 588 

to whom drawn 211 587 

Warrants or bonds lost or destroyed: 

duplicate issued 209 582 

duplicate same as original 209 585 

duplicate recorded 209 586 

officer delivered to 209 584 

Washington's birthday 120 831 

Waste shall not be committed by purchaser of school-land 185 513 

Wages, teachers': 

contract shall state 85 240 

paid for last month of school only after report has been made j gg 243 

Who must attend school 35 86 

Water-closets 214 297 



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T] 



